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The High Court admitted a will and a codicil to probate despite the codicil being witnessed by two beneficiaries under the will, as the codicil did not grant them any new benefit but instead reduced their entitlements. The judgment clarified that the relevant provision does not invalidate a benefit given under a will solely because the beneficiary witnessed a later codicil, unless the benefit arises from the codicil itself. The decision emphasised the importance of legal clarity around the witnessing of testamentary documents, but found no grounds to invalidate the will or codicil in this case.
probate – application to admit will and codicil – wills and succession – beneficiary as witness – Succession Act 1965 – section 82 of Succession Act 1965 – homemade wills – joint wills – codicil – witnessing of testamentary documents – gift to attesting witness – reduction in entitlement – legal drafting of wills
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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