Welbeck Vrs Welbeck [2015] GHASC 128 (17 June 2015)

Welbeck Vrs Welbeck [2015] GHASC 128 (17 June 2015)

The appellant failed to prove that the will dated 17th July 1997 was forged or obtained by fraud. The conflicting date on the probate affidavit was a typographical error and did not invalidate the will or probate. The proper procedure for challenging or revoking probate was not followed by the appellant. There was no evidence of a will dated 12th December 1997. The findings of the lower courts were supported by the evidence and should not be disturbed.

Citation
[2015] GHASC 128
Parties
Plaintiff/appellant: Mary Okailey Welbeck; Defendant/respondent: Simon Tackie Welbeck
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
17 June 2015
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Validity of Will, Probate Grant, Forgery and Fraud in Wills, Procedural Requirements for Revocation of Probate
Source Language
English
Succession Law Probate and Administration Validity of Will Probate Grant Forgery and Fraud in Wills Procedural Requirements for Revocation of Probate

Case Brief

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Parties

Mary Okailey Welbeck

Plaintiff/appellant

Simon Tackie Welbeck

Defendant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the will dated 17th July 1997 was forged or obtained by fraud
  2. 2 Whether the conflicting dates on the probate documents invalidate the will or probate
  3. 3 Whether the proper procedure for challenging probate was followed

Ratio Decidendi

The appellant failed to prove that the will dated 17th July 1997 was forged or obtained by fraud. The conflicting date on the probate affidavit was a typographical error and did not invalidate the will or probate. The proper procedure for challenging or revoking probate was not followed by the appellant. There was no evidence of a will dated 12th December 1997. The findings of the lower courts were supported by the evidence and should not be disturbed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety.