In the Estate of Guiseppe Pino Baretta (Civil Cause 116 of 1984) [1984] MWHC 2 (5 June 1984)

In the Estate of Guiseppe Pino Baretta (Civil Cause 116 of 1984) [1984] MWHC 2 (5 June 1984)

A will executed in accordance with the law of the testator's domicile is admissible to probate in Malawi, even if it does not comply with Malawi's formal requirements, provided there is no statutory provision to the contrary.

Citation
[1984] MWHC 2
Parties
Applicant: Philip Marcus Pitt; Deceased: Guiseppe Pino Barrettea
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
5 June 1984
Case Number
Civil Cause 116 of 1984
Procedural Posture
Probate / Application for Grant of Letters of Administration With Will Annexed
Outcome
grant of letters of administration with will annexed issued
Legal Topics
Formal Validity of Wills, Domicile, Admissibility of Foreign Wills
Source Language
English
Probate Conflict of Laws Formal Validity of Wills Domicile Admissibility of Foreign Wills

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Parties

Philip Marcus Pitt

Applicant

Guiseppe Pino Barrettea

Deceased

Procedural Posture

Probate / Application for Grant of Letters of Administration With Will Annexed

Legal Issues

  1. 1 Whether a holograph will written in English and not witnessed is admissible to probate in Malawi when the testator was domiciled in Italy
  2. 2 Whether section 5 of the Wills and Inheritance Act, Cap.10202 modifies the common law rule regarding the formal validity of wills

Ratio Decidendi

A will executed in accordance with the law of the testator's domicile is admissible to probate in Malawi, even if it does not comply with Malawi's formal requirements, provided there is no statutory provision to the contrary.

Court Disposition

grant of letters of administration with will annexed issued

Orders

  • A grant of letters of administration with will annexed to Philip Marcus Pitt in respect of the estate of Guiseppe Pino Barrettea