Davies v Stirling [1982] JLR 125 (02 April 1982)
- Citation
- [1982] JLR 125
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Probate Dispute / Judgment
More details
- Posture
- Probate Dispute / Judgment
On this page
Professional case brief
Research organized from the available case record
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
ApplicantStirling
Respondent03
Procedural history
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
Legal principles
- 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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Judgment text
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Court record
Judgment
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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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