Sherrington & Ors v Sherrington

Sherrington & Ors v Sherrington

The presumption of due execution was not rebutted by the evidence of the attesting witnesses; the deceased, an experienced solicitor, had opportunity to read and approve the will, and the evidence does not support lack of knowledge or approval. The judge's findings were contrary to probability and the grant of probate should not have been revoked.

Parties
Claimant: Daliah Dorit Sherrington; Claimant: Donna Karina Sherrington; Claimant: Ramon Gerrard David Sherrington; Defendant/appellant: Yvonne Sherrington
Jurisdiction
England and Wales
Judgment Date
22 March 2005
Procedural Posture
Probate Action / Appeal From High Court, Chancery Division
Outcome
Appeal allowed; revocation of grant of probate quashed.
Legal Topics
Due Execution of Wills, Knowledge and Approval, Attestation, Presumption of Due Execution, Revocation of Grant of Probate
Succession Probate Civil Procedure Due Execution of Wills Knowledge and Approval Attestation Presumption of Due Execution Revocation of Grant of Probate

Case Brief

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Parties

Daliah Dorit Sherrington

Claimant

Donna Karina Sherrington

Claimant

Ramon Gerrard David Sherrington

Claimant

Yvonne Sherrington

Defendant/appellant

Procedural Posture

Probate Action / Appeal From High Court, Chancery Division

Legal Issues

  1. 1 Whether the will was validly executed under s.9 Wills Act 1837
  2. 2 Whether the deceased knew and approved the contents of the will
  3. 3 Whether the presumption of due execution was rebutted

Ratio Decidendi

The presumption of due execution was not rebutted by the evidence of the attesting witnesses; the deceased, an experienced solicitor, had opportunity to read and approve the will, and the evidence does not support lack of knowledge or approval. The judge's findings were contrary to probability and the grant of probate should not have been revoked.

Court Disposition

Appeal allowed; revocation of grant of probate quashed.

Orders

  • Grant of probate to Yvonne reinstated.
  • Claimants' cross-appeal dismissed.