Jersey Judgment

Davies v Stirling [1982] JLR 125 (02 April 1982)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

When clear evidence of mental illness exists, the party supporting the will must prove the will was made during a lucid interval.

Court disposition

burden of proof shifted to party supporting will

02

Material facts

Parties

Davies

Applicant

Stirling

Respondent

03

Procedural history

  1. Posture

    Probate Dispute / Judgment

04

Questions and positions

Legal issues

Who bears the burden of proof regarding testamentary capacity when mental illness is alleged?

Party arguments

Applicant
The party contesting the will argued that the testator lacked testamentary capacity due to mental illness.
Respondent
The party supporting the will argued that the burden of proof remained on the contestant to prove incapacity.

05

Court’s reasoning

  1. 01

    Davies v Stirling [1982] JLR 125

    The burden of proof regarding testamentary capacity is normally on the party contesting the will, but when there is clear evidence of mental illness, the burden shifts to the party supporting the will to prove it was made during a lucid interval.

06

Ratio, limits and disposition

Ratio decidendi

When clear evidence of mental illness exists, the party supporting the will must prove the will was made during a lucid interval.

Court disposition

burden of proof shifted to party supporting will

Source and reliance status

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Source document

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Judgment

[1982] JLR 125

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BAILII >> Databases >> Jersey Law Reports >> Davies v Stirling [1982] JLR 125 (02 April 1982) URL: https://www.bailii.org/je/cases/JLR/1982/JLR820125.html Cite as: [1982] JLR 125 [ New search ] [ Help ] Davies v Stirling 1982 JLR 125 (02 April 1982) Evidence-burden of proof-testamentary capacity-burden normally upon party contesting will but when clear evidence of mental illness shifts to party supporting will to prove made in lucid interval The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1982 JLR 125 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1982/JLR820125.html

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Davies v Stirling [1982] JLR 125

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