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Jai SternAccess all documents on Omnia praesumuntur rite esse acta
If a Will is sensible, in standard form and appears to have been properly signed, the following presumptions arise: due execution capacity knowledge and approval Presumption as to due execution The court will assume due execution where a Will looks, on its face, to be correctly executed, relying on the maxim omnia praesumuntur rite esse acta (all things are presumed to be done in due form). This can be overturned, but only with very strong proof. The court demands the most cogent evidence to conclude a Will was not executed in accordance with the Act when it appears regular and clearly embodies the testator’s wishes. Judges are slow to reject such apparent compliance on extraneous material, since memories of events years earlier are often unreliable. To do otherwise would risk defeating the testator’s intentions, which they took care to formalise in a manner that conformed with the law. There will be...