R v White

The case of R v White involved the question of whether a document, intended by the deceased to be his will, should be admitted to probate despite not being executed in accordance with the formalities required by the Wills Act. The deceased had provided instructions to his solicitor to prepare a new will but had not signed the document in the presence of witnesses as required by law. The deceased signed an acknowledgement when the draft will was brought to him in the hospital, but the document was not signed by the deceased in the presence of witnesses. The deceased passed away shortly after.

The court had to determine whether the deceased had testamentary capacity at the time of providing instructions for the will and at the time of signing the acknowledgement. The court also had to consider whether the deceased intended the draft will to be his will and whether the document expressed the deceased's testamentary intentions.

The court found that the deceased had testamentary capacity when he provided instructions to his solicitor to prepare a new will. The court further found that when the deceased signed the acknowledgement, he intended the draft will to be his will and was treating that document as his will. The court held that the draft will was a document that expressed the testamentary intentions of the deceased and should be admitted to probate as the will of the deceased, despite not being executed with the formalities required by the Wills Act.

The court granted an order admitting the draft will to probate as the will of the deceased. The order recognised that the deceased had testamentary capacity when he provided instructions for the will and when he signed the acknowledgement. The court also recognised that the deceased intended the draft will to be his will and that the document expressed his testamentary intentions.