will drafting – Law Journals

Probate: In at the deep end

Lessons can be learned about trial conduct when litigants appear in person and more in Lonsdale v Teasdale. Elis Gomer elucidates While showing a ‘real doubt’ as to capacity is not a trivial requirement in evidential terms, once that has been done, the burden will be on the party seeking to propound the will to …

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Testamentary intentions: Presuming too much

A challenge to a will on the grounds of want of knowledge and approval where a compos mentis testator has read a professionally prepared will may seem doomed. Daisy Brown analyses a rare successful case A testator who has waited 24 years to change his will and then inexplicably gives two sets of contradictory instructions …

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Wills: Trial and error

Alexander Learmonth QC and James McKean report on a case on construction and rectification If the will does not accord with the deceased’s intentions, the wrong is irreversible. Correcting that wrong must be more important than classifying how it came about. There is a will, a company, and two beneficiaries. The will gives 26% of …

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