Rawlinson deceased – Kayll, Kayll, Walker v Rawlinson [2010] EWHC 1269(Ch), [2010] WTLR 1443; and the judgment on costs [2010] EWCH 1789(Ch)

Area of law:

John Dickinson

24 March 2010

The case looked at proof of a Will in solemn form and the formalities of due execution. The Will was signed by the testator in the presence of only one witness, the second witness joining in later.

The question raised was whether acknowledging the testator’s signature in the presence of both witnesses was satisfactory to show an intention to attest. On the facts, it was concluded that the second witness (who was not present at the time of the testator’s signature) did have the requisite intent to witness the deceased sign or acknowledge his signature. There was a pronouncement for the force and validity of the Will and an order was made that probate be granted to the claimants as the executors named in that Will.