The Court of Appeal has overturned the decision made by Justice Vos that a Will was valid on the basis that the Testator had directed his sister to sign his Will on his behalf.
The initial finding was that there was sufficient evidence to declare the Will valid however, the Court of Appeal disagreed. The President of the Court of Appeal stated that the fact that the Testator wanted to make a Will and tried to sign it but failed, was not sufficient to amount to a direction to his sister to sign the Will on his behalf. The point in this case was not whether the Testator intended to direct his sister to sign the Will on his behalf but if, in fact, he did so.
The evidence in the case was not sufficient to demonstrate such a direction had taken place.
If you have concerns regarding the execution of a Will, contact Martin Oliver on 01926 880751 for a no-obligation discussion about the options available to you.
