Judgment[1998] KEHC 41
Case law
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Division and case type: FamilySuccession Cause
…There is a presumption of due execution and capacity to make a will and the statutory burden as regards capacity is on the applicant - S. 5(4) of law of succession Act.…
…Starting with the law, it is clear that the applicant is challenging the validity of the will on two grounds - first, lack of due execution and lack of capacity to make the will.…