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

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

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

Citation
[1982] JLR 125
Parties
Applicant: Davies; Respondent: Stirling
Jurisdiction
Jersey
Judgment Date
02 April 1982
Procedural Posture
Probate Dispute / Judgment
Outcome
burden of proof shifted to party supporting will
Legal Topics
Burden of Proof, Testamentary Capacity
Probate Evidence Burden of Proof Testamentary Capacity

Case Brief

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Parties

Davies

Applicant

Stirling

Respondent

Procedural Posture

Probate Dispute / Judgment

Legal Issues

  1. 1 Who bears the burden of proof regarding testamentary capacity when mental illness is alleged?

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