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Court of Appeal allows appeal of High Court dismissal of plaintiff’s claim involving a disputed will and orders re-trial, on the grounds that the onus of demonstrating testamentary capacity rested with the defendants and, in the absence of medical evidence as to testamentary capacity of the testator, the requirements of succession law have not been satisfied.
Succession law – disputed will – testamentary capacity – application for an order condemning a testamentary document dated 4th July 2013 and an order establishing a will dated 14th March 2013 as the true and original last will and testament of the deceased – whether the will truly represented the will and wishes of the testator – whether the testator had sufficient competence in the circumstances to execute the will – Section 77(1)(b) of the Succession Act 1965 – whether the testator had appropriate testamentary capacity – failure to cross-examine on the issue of capacity – onus of demonstrating testamentary capacity in the circumstances rested with the defendants – re-trial ordered – appeal allowed.
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