In the recent case of Re: BRUNT – DECEASED  the High Court have ordered a re-trial where it was alleged that a Will had been forged.
The High Court found that the Judge had not dealt properly with the evidence before him when he made an Order pronouncing for the validity of a Will.
The Judge had not correctly considered and given appropriate weight to expert evidence nor had he assessed the witness evidence against the facts that were known to him in circumstances where two very suspicious Wills had been discovered.
The facts involved; a) the lack of signature by the Deceased on his own Will; b) the involvement of a convicted fraudster; c) no adequate explanation had been provided for accepting the evidence in support of the Will, other than that the Judge had stated that he did not believe that the Claimant and the Claimant’s witnesses would engage in such a fraud, even if they were happy to continue to deal with a convicted fraudster and allow him to act for them.
No date has yet been provided for the hearing of the Appeal.