Will of Peter Jefferson-13/07/1757

I Peter Jefferson of the County of Abemarle being of perfect and sound memory (for which I bless God) Do make and Publish this my Last Will and Testament revoking & annulling all former or other Wills by me heretofore made in manner & form following that is to say Imprima I Give and devise to my Dear & Well beloved Wife Jane Jefferson for and During her Natural Life or Widdowhood

Wills Act 1837 -UK

the word “will” shall extend to a testament, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to an appointment by will of a guardian of a child,and also to an appointment by will of a representative under section 4 of the Human Tissue Act 2004 or section 8 of the Human Transplantation (Wales) Act 2013,  and to any other testamentary disposition;

Rose Muirhead v. James Muirhead of Bradisholm-House of Lords-16/12/1708

It is a rule of the law of Scotland, that the mind and intention of the grantor at the time of making a deed are principally to be considered. The disposition in question was merely gratuitous, and for no antecedent onerous cause.

DHANPAT  VERSUS SHEO RAM (DECEASED) THROUGH LRS. & ORS-19/03/2020

WILL-it is the overall assessment of the Court on the basis of the unusual features appearing in the Will or the unnatural circumstances surrounding its execution, that justifies a close scrutiny of the same before it can be accepted.

Meenakshiammal (deceased by LRs) and others – Vs Chandrasekaran and another-03/11/2004

Succession Act, 1925—Section 63-Will—Execution of—Burden of proof—Onus of proving Will lies on propounder—In absence of suspicious circumstances surrounding execution of Will, proof of testamentary capacity and proof of signature of testator as required by law, sufficient to discharge the onus—However, in case of existence of suspicious circumstances, onus lies on propounder to explain the genuineness of Will to the satisfaction of Court.

Doubting a Will and onus probandi

It is well-established that in a case in which a will is prepared under circumstances which raise the suspicion of the court that it does not express the mind of the testator it is for those who propound the will…

%d bloggers like this: