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Validity of Wills—presumptions

Published by a UUÂãÁÄÖ±²¥ Private Client expert
Practice notes

Validity of Wills—presumptions

Published by a UUÂãÁÄÖ±²¥ Private Client expert

Practice notes
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If a Will is rational, in regular form and appears to be duly executed, the following presumptions apply:

  1. •

    due execution

  2. •

    capacity

  3. •

    knowledge and approval

Presumption as to due execution

The court will presume due execution if presented with a Will that, on the face of it, appears to be duly executed by applying the principle omnia praesumuntur rite esse acta (all things are presumed to be done in due form). This may be rebutted but strong evidence is required:

'The strongest evidence would be required to show that a will had not been executed in accordance with the Act when it appeared from its face to have been properly executed, and there was no question but that the will represented the testator's intention. The court should be slow on the basis of extraneous evidence to hold that such a will had not been properly executed, since evidence of events that had happened years previously was likely to be unreliable. To do so would be to deprive the testator of giving effect to his wishes, which he had taken

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Jurisdiction(s):
United Kingdom
Key definition:
Due execution definition
What does Due execution mean?

The requirements for the execution of a valid will, set out in the Wills Act 1837, s 9.

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