Cases

Question 1

Banks v Good fellow

Answer 1

T had delusions, will was valid, sound mind, memory and understanding

Question 2

Timbury v Coffee

Answer 2

drunkenness - invalid

wife unfaithful

Question 3

Battan Singh v Amirchand

Answer 3

last stages of disease - not of sound mind

Question 4

Harwood v Baker

Answer 4

brain disease - not of sound understanding

Question 5

Wilkinson v Joughin

Answer 5

Fraud - married woman

Question 6

Estate of Park

Answer 6

Marriage as an involuntary revocation

Question 7

Cole v Cole

Answer 7

mere persuation

Question 8

Barry v Butlin

Answer 8

suspicion - solicitor handwriting

Question 9

Tyrel v Painton

Answer 9

suspicion - hadn’t added Painton in the original will

Question 10

Wintle v Nye

Answer 10

when checking fraud - slight to dispel - grave that it cant be removed

Question 11

Re Morris

Answer 11

Mistake - Testator wrote to solicitor to remove the bequest in clause 3 & 7(iv), when solicitor drew up codicil, he stated clause 3 & 7. whole of 7 was revoked

Question 12

Will in any material

Answer 12

cigarette pack - Murray
egg shell - Hodson v Barnes
Code - Kell v Charmer

Question 13

Re Cooks Estate

Answer 13

any mark by testator

Question 14

Re Chalcrafts

Answer 14

part of signature is valid

Question 15

Karanja v Karanja

Answer 15

no designated place

placed as to show intention to give effect

Question 16

Wambui v Gikonyo

Answer 16

Deceased thumb printed last, witnesses signed first doesn’t invalidate

Question 17

Estate of james Muigai

Answer 17

witnesses need not be present at the same time

Question 18

Estate of Susan Kilonzo

Answer 18

Attesting a will where witnesses put a signature with intention of validating the testators signature

Question 19

Estate of George Mbugua

Answer 19

beneficiary can be witness but other two independent witnesses must attest

Question 20

Cheese v lovejoy

Answer 20

crumpled it into a ball of paper - not revoked

Question 21

Estate of Southerden

Answer 21

counterparts are valid as if original
evidence of loss may be rebutted by proving the contents of the lost will or the declaration of the testator during his lifetime