Friday, April 1, 2022

Article 14 has no application to dispositions under Will: Supreme Court

The Supreme Court on 30-03-22 held that in cases of execution of a will, there is no place for the Courts to see whether the distribution made by the testator was fair and equitable to all of his children.


"In the matter of appreciating the genuineness of execution of a will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children. The Court does not apply Article 14 to dispositions under a will." -Supreme Court

The Supreme Court held that none of the circumstances that the High Court set out to rule in favour of respondents created any suspicion regarding the execution of the wills.

"The law relating to suspicious circumstances surrounding the execution of a Will is already well-settled and it needs no reiteration....Cases in which suspicion is created are essentially those where either the signature of the testator is disputed or the mental capacity of the testator is questioned," 

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