Deeks v Greenwood

In the matter of Deeks v Greenwood, the deceased, Mr Deeks, intended to prepare a will through his solicitors. The solicitors prepared the will according to the instructions given by Mr Deeks and arranged an appointment for its execution. However, Mr Deeks fell ill, was hospitalised, and was heavily medicated before the execution could take place. He died before the will could be executed. The issue before the court was whether the will, which was not formally executed, could be admitted to probate in solemn form.

The court considered the circumstances of the case, including the detailed instructions given to the solicitors and the preparation of the will in accordance with those instructions. The court also took into account the fact that Mr Deeks had arranged an appointment for the execution of the will and was prevented from executing it due to unforeseen circumstances. The court found that Mr Deeks had authenticated and adopted the will as prepared by the solicitors, and that the will should be admitted to probate in solemn form.

The court held that the will was valid and should be admitted to probate in solemn form. The court noted that the formalities required for the execution of a will are not absolute and may be relaxed in certain circumstances. The court found that the circumstances of this case warranted a relaxation of the formalities, and that the will should be admitted to probate in solemn form.

Accordingly, the court granted probate in solemn form of the informal will. The executors of the estate were authorised to administer the estate in accordance with the terms of the will.