Sherrington & Ors v Sherrington

Sherrington & Ors v Sherrington

The defendant failed to prove on the balance of probabilities that the will was duly executed in accordance with the statutory requirements, as the attesting witnesses did not sign with the intention of attesting or verifying the deceased's signature. Additionally, the defendant failed to prove that the deceased knew and approved the contents of the will, given the suspicious circumstances, the lack of credible evidence of the deceased's knowledge, and the inconsistencies in the defendant's and Dr Walker's accounts.

Parties
Claimant: Daliah Dorit Sherrington; Claimant: Donna Karina Sherrington; Claimant: Ramon Gerard David Sherrington; Defendant: Yvonne Rose Sherrington
Jurisdiction
England and Wales
Judgment Date
13 July 2004
Procedural Posture
Probate / Judgment
Outcome
Grant of probate revoked
Legal Topics
Due Execution of Wills, Knowledge and Approval of Will Contents, Revocation of Probate
Succession Probate Due Execution of Wills Knowledge and Approval of Will Contents Revocation of Probate

Case Brief

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Parties

Daliah Dorit Sherrington

Claimant

Donna Karina Sherrington

Claimant

Ramon Gerard David Sherrington

Claimant

Yvonne Rose Sherrington

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the will of Richard Sherrington was duly executed in accordance with the Wills Act 1837
  2. 2 Whether the deceased knew and approved the contents of the will

Ratio Decidendi

The defendant failed to prove on the balance of probabilities that the will was duly executed in accordance with the statutory requirements, as the attesting witnesses did not sign with the intention of attesting or verifying the deceased's signature. Additionally, the defendant failed to prove that the deceased knew and approved the contents of the will, given the suspicious circumstances, the lack of credible evidence of the deceased's knowledge, and the inconsistencies in the defendant's and Dr Walker's accounts.

Court Disposition

Grant of probate revoked

Orders

  • The grant of probate of the will to the defendant is revoked.