Re Moss, Larke -v- Nugus; CA 1979References:
 WTLR 1033, (1979) CA p337 Coram:
(Decided in approximately 1979) The signature of the testatrix, an elderly woman, was distinctly wobbly, the will contained a gift, as it was put by the trial judge, 'in favour of persons on whom the testatrix is dependent', and the executor, who was a solicitor who had been responsible for drawing up the will, had taken the bizarre view that the defendants were not entitled to a copy of it or to any explanation of the circumstances in which it had been drawn up.
Held: The costs of a defendant who had unsuccessfully put in issue the question of knowledge and approval by the testator of a will were nevertheless left to come out of the estate.
Brandon LJ said: 'Nevertheless, it is necessary to consider, not only the recommendation itself, but the principle upon which the recommendation is based, and the duty of a solicitor when faced with matters of this kind. The recommendation is no doubt of importance, but even if it had not been made certain principles would apply to the matter, and in my judgement the principle which applied is that, when there was litigation about a will, every effort should be made by the executors to avoid costly litigation if that can be avoided and, when there are circumstances of suspicion attending the execution and making a will, one of the measures which can be taken is to give full and frank information to those who might have an interest in attacking the will, as to how the will came to be made.' This case is cited by:
Last Update: 17-Sep-15 Ref: 266581
Wills and Probate