Briscoe v Green

Briscoe v Green

The presumption of due execution was not rebutted; the court found as a fact that both attesting witnesses were present when the deceased signed the will, saw him sign, and signed in his presence. The will was properly executed and attested.

Parties
Claimant: Pauline Briscoe; Defendant: Raymond Green
Jurisdiction
England and Wales
Judgment Date
13 July 2006
Procedural Posture
Probate / Judgment
Outcome
Will pronounced in solemn form; costs of Raymond Green to be paid out of the estate; no order as to costs for Ms. Briscoe.
Legal Topics
Validity of Will, Execution of Will, Attestation, Presumption of Due Execution
Succession Probate Validity of Will Execution of Will Attestation Presumption of Due Execution

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Parties

Pauline Briscoe

Claimant

Raymond Green

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the will of Jack Joseph Vladimir Green dated 25th November 2003 was properly executed and attested in accordance with section 9 of the Wills Act 1837

Ratio Decidendi

The presumption of due execution was not rebutted; the court found as a fact that both attesting witnesses were present when the deceased signed the will, saw him sign, and signed in his presence. The will was properly executed and attested.

Court Disposition

Will pronounced in solemn form; costs of Raymond Green to be paid out of the estate; no order as to costs for Ms. Briscoe.

Orders

  • Will of Jack Joseph Vladimir Green dated 25th November 2003 pronounced in solemn form.
  • Costs of Raymond Green to be paid out of the estate.