Lim v Thompson

Lim v Thompson

None of the three purported wills were duly executed as required by section 9 of the Wills Act 1837. Suspicious circumstances and lack of original signatures preclude the presumption of regularity. The claim fails on the issue of due execution.

Parties
Claimant: Katherine Lim; Defendant: Alistair Thompson
Jurisdiction
England and Wales
Judgment Date
14 October 2009
Procedural Posture
Probate / Trial Preliminary Issue
Outcome
Claim dismissed
Legal Topics
Due Execution of Wills, Testamentary Capacity, Knowledge and Approval, Suspicious Circumstances
Probate Succession Due Execution of Wills Testamentary Capacity Knowledge and Approval Suspicious Circumstances

Case Brief

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Parties

Katherine Lim

Claimant

Alistair Thompson

Defendant

Procedural Posture

Probate / Trial Preliminary Issue

Legal Issues

  1. 1 Whether any of the three purported wills were duly executed in accordance with section 9 of the Wills Act 1837
  2. 2 Whether the deceased had testamentary capacity at the relevant times
  3. 3 Whether the deceased knew and approved the contents of the will

Ratio Decidendi

None of the three purported wills were duly executed as required by section 9 of the Wills Act 1837. Suspicious circumstances and lack of original signatures preclude the presumption of regularity. The claim fails on the issue of due execution.

Court Disposition

Claim dismissed

Orders

  • Claim to revoke grant of letters of administration dismissed
  • No further consideration of capacity or knowledge and approval