Singh & Ors v Ahluwalia

Singh & Ors v Ahluwalia

The trial judge was entitled to accept the evidence of Mr Grantham regarding the circumstances of attestation. The presumption of due execution was rebutted by credible evidence. There is no real prospect of the appeal succeeding, and no point of law is raised.

Source-derived case information.

Parties
Appellant: Jarnail Singh & Ors; Respondent: Balvinder Ahluwalia
Jurisdiction
England and Wales
Judgment Date
11 December 2012
Procedural Posture
Probate Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Due Execution of Wills, Attestation Requirements, Appeal Procedure
Probate Civil Procedure Due Execution of Wills Attestation Requirements Appeal Procedure

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Parties

Jarnail Singh & Ors

Appellant

Balvinder Ahluwalia

Respondent

Procedural Posture

Probate Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the will of Mr Ranjit Singh dated 3 May 1999 was duly attested in accordance with s. 9 of the Wills Act 1837
  2. 2 Whether the trial judge erred in finding that the will was not properly attested
  3. 3 Whether the presumption of due execution was rebutted

Ratio Decidendi

The trial judge was entitled to accept the evidence of Mr Grantham regarding the circumstances of attestation. The presumption of due execution was rebutted by credible evidence. There is no real prospect of the appeal succeeding, and no point of law is raised.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Application for a stay refused