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United Kingdom testamentary capacityburden of proof

Ledger v Wootton

[2007] EWHC 2599 (Ch); [2008] WTLR 235
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division
Year2008
StatusBinding authority

Key Principle

The legal burden of proving testamentary capacity lies on the propounder of the will throughout, but where a duly executed will is rational on its face capacity is presumed; if a real doubt as to capacity is then raised, the evidential (not legal) burden shifts back to the propounder to establish capacity notwithstanding that doubt.

Area of Law

General

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