Channon & Anor v Perkins (A Firm) [2005] EWCA Civ 1808 (01 December 2005)

Channon & Anor v Perkins (A Firm) [2005] EWCA Civ 1808 (01 December 2005)

The evidence of the attesting witnesses, amounting to a lack of recollection and inability to explain their signatures, did not constitute the 'strongest evidence' required to rebut the presumption of due execution raised by the attestation clause and signatures on the face of the Will. The Will should be admitted to probate.

Citation
[2005] EWCA Civ 1808
Parties
Claimant/respondent: Michael James Channon; Claimant/respondent: Julia Alexis Channon; Defendant/appellant: Perkins (a firm); Defendant/appellant: Pamela Patricia Day (nee Ogden); Defendant/appellant: The Guide Dogs for the Blind Association
Jurisdiction
England and Wales
Judgment Date
01 December 2005
Procedural Posture
Probate Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed; Will admitted to probate.
Legal Topics
Due Execution of Wills, Presumption of Due Execution, Attestation Clause, Section 9 Wills Act 1837, Probate Procedure
Wills and Probate Civil Procedure Due Execution of Wills Presumption of Due Execution Attestation Clause Section 9 Wills Act 1837 Probate Procedure

Case Brief

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Parties

Michael James Channon

Claimant/respondent

Julia Alexis Channon

Claimant/respondent

Perkins (a firm)

Defendant/appellant

Pamela Patricia Day (nee Ogden)

Defendant/appellant

The Guide Dogs for the Blind Association

Defendant/appellant

Procedural Posture

Probate Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Will of Professor Derek French Channon dated 9 April 1996 was validly executed under section 9 of the Wills Act 1837 and should be admitted to probate.

Ratio Decidendi

The evidence of the attesting witnesses, amounting to a lack of recollection and inability to explain their signatures, did not constitute the 'strongest evidence' required to rebut the presumption of due execution raised by the attestation clause and signatures on the face of the Will. The Will should be admitted to probate.

Court Disposition

Appeal allowed; Will admitted to probate.

Orders

  • Court pronounces for the Will of Professor Channon dated 9 April 1996 in solemn form of law.
  • Grant of letters of administration with the Will annexed to Mrs Day.