Wills: Proving missing wills

Wright Hassall Solicitors | October 2022 #237
The testimony of parties who have nothing to gain from proceedings can help to prove a will. Katie Alsop highlights practical points for contentious probate practitioners arising from a recent case Not only is this case a useful reminder for practitioners to reacquaint themselves with the detail of s9 of the Wills Act 1837, in …

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Wills: Documentary evidence trumps witness testimony

Charles Russell Speechlys LLP | May 2022 #233
Oliver Auld and Lydia Kember examine the inherent unreliability of witness testimony based on memory Solicitors will now be under a personal obligation to avoid producing witness statements that are over-lawyered or in any way present a narrative which does not match the witness’s own recollection. There is an inherent difficulty that many challenges to …

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