Barrett v Bem (No 2); In re Lavin, decd – WLR Daily

Posted May 24th, 2011 in gifts, law reports, wills by sally

Barrett v Bem (No 2); In re Lavin, decd [2011] EWHC 1247 (Ch); [2011] WLR (D) 171

“Section 15 of the Wills Act 1837, which made a gift to an attesting witness ‘utterly null and void’, did not extend to a beneficiary of a will who had signed a will on the testator’s behalf at his direction. However, the second rule in Barry v Butlin (1838) 2 Moo PC 480, that the court should be vigilant and jealous in examining the evidence in support of a will where a party wrote or prepared a will under which he took a benefit and should not pronounce in that instrument’s favour unless the suspicion were removed and it were satisfied that the true will of the deceased was expressed therein, should apply with additional force where the agent of the testator who signed the will was a beneficiary under it.”

WLR Daily, 19th May 2011


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