In re Forbes v [1995] JLR 261 (06 September 1995)

In re Forbes v [1995] JLR 261 (06 September 1995)

A suicide note containing testamentary intent can constitute a holograph will; the date need not be written by hand if extrinsic evidence proves it; two affidavits as to handwriting are required for probate.

Citation
[1995] JLR 261
Parties
Deceased: Forbes
Jurisdiction
Jersey
Judgment Date
06 September 1995
Procedural Posture
Probate Application / Application for Probate
Outcome
application for probate granted
Legal Topics
Holograph Will, Suicide Note as Testamentary Document, Proof of Date by Extrinsic Evidence, Affidavit Evidence for Probate
Succession Wills Holograph Will Suicide Note as Testamentary Document Proof of Date by Extrinsic Evidence Affidavit Evidence for Probate

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Parties

Forbes

Deceased

Procedural Posture

Probate Application / Application for Probate

Legal Issues

  1. 1 Whether a suicide note with testamentary element can constitute a holograph will
  2. 2 Whether it is necessary for the date to be written by hand on a holograph will if the date can be proved by extrinsic evidence
  3. 3 Whether two affidavits as to handwriting are required on application for probate

Ratio Decidendi

A suicide note containing testamentary intent can constitute a holograph will; the date need not be written by hand if extrinsic evidence proves it; two affidavits as to handwriting are required for probate.

Court Disposition

application for probate granted

Orders

  • suicide note admitted as holograph will
  • probate granted upon production of two affidavits as to handwriting