Witnessing a Will – The case of Dunstan v Ball 2024
This case centred on a dispute between two daughters over the validity of their deceased mother’s Will. The Will appointed Daughter 1 as the executrix and as the sole beneficiary.
Daughter 2 contested the Will, claiming it was invalid due to lack of knowledge, approval, undue influence, and fraudulent calumny. She argued that Daughter 1 manipulated their mother into excluding her from the Will by isolating her.
The court ruled in favour of Daughter 1, but acknowledged concerns made about the execution of the Will.
Daughter 1 failed to call the acting solicitor and/or legal assistant to give evidence, stating that she ‘forgot’ to do so and was not aware that this was necessary. Daughter 2’s counsel cited Belbin v Skeats arguing that “…in the absence of at least one attesting witness, the Claimant cannot satisfy the statutory and legal requirements of proving the Will in solemn form”. Counsel for Daughter 2 argued that as a result, the attendance notes of the solicitor which were crucial to Daughter 1’s case, should be disregarded.
The Judge found that as the two witnesses to the Will were employees of a reputable law firm there was no reason to believe the attendance notes were anything other than a truthful account of the events and that they are acceptable evidence.
The Judge agreed that given the antiquity of the rule in Belbin v Skeats, the most appropriate solution was to adjourn the matter so that one or both of the witnesses could be called to provide evidence. The two Daughters subsequently agreed that the Will was in solemn form and a new uncontested probate application was made, negating the need for further court proceedings.
This case underscores the importance of proper witnessing in Will execution, highlighting that witnesses may be required to testify if a Will’s validity is challenged.
To find out more about who can witness a Will and the formal legal requirements for executing a Will please read our article: “Who can witness a Will?”
Article written by Megan Wood –Solicitor – Litigation Department.