Emily Exton and Katherine Harper provide an update on the Court of Appeal decision in Barrett v Bem ‘Where a testator is not capable of personally signing their will and decides to direct some other person to sign it, it is crucial that the testator should make some positive and discernible communication that they wish …
Continue reading "Execution By Beneficiary: Confusing signs"
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Wills & Trusts Law Reports | May 2012 #119Martin Lavin (the testator) died on 11 January 2004 in Hammersmith Hospital leaving a will in which he left everything to his sister Anne Liston whom he also appointed executor (the will). Anne died on 04 November 2004 having obtained probate of the will in June 2004. Her daughter, Hanora Bem was appointed her executor. Hanora wrote out the will at Hammersmith Hospital on the day of the testator’s death. The testator was alleged to have signed the will at approximately 3.30pm on the date of his death. It was purportedly witnessed by two staff nurses.
In May 2007, proceedings were ...
