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United Kingdom
testamentary capacityburden of proof
Ledger v Wootton
[2007] EWHC 2599 (Ch); [2008] WTLR 235
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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