Ashman v Thomas

Ashman v Thomas

The presumption of due execution arising from regular attestation clauses was not rebutted in relation to the 2008 will, but was rebutted by the strongest evidence in relation to the 2011 and 2012 wills, as the deceased was housebound and could not have executed those wills in the presence of the attesting witnesses. Therefore, only the 2008 will was validly executed under section 9 of the Wills Act 1837.

Parties
Claimant: Alastair Ashman; Defendant: Clyde Thomas
Jurisdiction
England and Wales
Judgment Date
21 June 2016
Procedural Posture
Probate / Judgment on Preliminary Issues
Outcome
The will dated 12th March 2008 was validly executed; the wills dated 5th November 2011 and 18th May 2012 were not validly executed.
Legal Topics
Due Execution of Wills, Attestation Clauses, Presumption of Regularity, Suspicious Circumstances, Knowledge and Approval, Section 9 Wills Act 1837
Probate Succession Due Execution of Wills Attestation Clauses Presumption of Regularity Suspicious Circumstances Knowledge and Approval Section 9 Wills Act 1837

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Parties

Alastair Ashman

Claimant

Clyde Thomas

Defendant

Procedural Posture

Probate / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the purported will dated 12th March 2008 was validly executed in accordance with section 9 of the Wills Act 1837
  2. 2 Whether the purported will dated 5th November 2011 was validly executed in accordance with section 9 of the Wills Act 1837
  3. 3 Whether the purported will dated 18th May 2012 was validly executed in accordance with section 9 of the Wills Act 1837

Ratio Decidendi

The presumption of due execution arising from regular attestation clauses was not rebutted in relation to the 2008 will, but was rebutted by the strongest evidence in relation to the 2011 and 2012 wills, as the deceased was housebound and could not have executed those wills in the presence of the attesting witnesses. Therefore, only the 2008 will was validly executed under section 9 of the Wills Act 1837.

Court Disposition

The will dated 12th March 2008 was validly executed; the wills dated 5th November 2011 and 18th May 2012 were not validly executed.

Orders

  • Declaration that the will dated 12th March 2008 was validly executed in accordance with section 9 of the Wills Act 1837.
  • Declaration that the wills dated 5th November 2011 and 18th May 2012 were not validly executed in accordance with section 9 of the Wills Act 1837.