Trigg v Crapp [1984] JLR 21 (16 April 1984)

Trigg v Crapp [1984] JLR 21 (16 April 1984)

The party supporting the will must prove that the testator had testamentary capacity at the time the will was made.

Citation
[1984] JLR 21
Parties
Applicant: Trigg; Respondent: Crapp
Jurisdiction
Jersey
Judgment Date
16 April 1984
Procedural Posture
Succession Dispute / Judgment
Outcome
judgment on burden of proof
Legal Topics
Wills, Testamentary Capacity, Burden of Proof
Succession Law Wills Testamentary Capacity Burden of Proof

Case Brief

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Parties

Trigg

Applicant

Crapp

Respondent

Procedural Posture

Succession Dispute / Judgment

Legal Issues

  1. 1 Who bears the burden of proof regarding the testator's testamentary capacity in a will dispute?

Ratio Decidendi

The party supporting the will must prove that the testator had testamentary capacity at the time the will was made.

Court Disposition

judgment on burden of proof