Same v Fuller

The plaintiff, seeking to establish the validity of the last will of the deceased, brought a claim before the court. The deceased had made three wills over a two-month period, with the final one dated 25 October 2006. The deceased died by their own hand shortly thereafter. The plaintiff sought a grant of probate for the last will in solemn form, despite the absence of a challenge to the deceased's testamentary capacity at the time of making the will.

The court was tasked with determining whether the last will of the deceased should be granted probate in solemn form. This required consideration of the formalities surrounding the wills and the context of their creation. The court needed to decide if the will complied with the legal requirements for solemn form and if there were any circumstances that might affect the validity of the will.

In delivering judgment, the court considered the evidence presented regarding the formalities of the wills. It found that the last will, dated 25 October 2006, was executed in accordance with the legal requirements for solemn form. The court noted that while the deceased's death by their own hand was a concerning circumstance, it did not in itself invalidate the will. The court also observed that no challenge to the deceased's testamentary capacity had been pursued. As a result, the court was satisfied that the last will was valid and granted probate to the plaintiff in solemn form.