PT-2022-000261 - [2025] EWHC 2060 (Ch)

As to the principles governing a trial on written evidence, I refer to para 14-009 of Theobald on Wills (19^th edn, 2021):

“Where the court is asked to pronounce against what purports to be the last will of the deceased, evidence must be produced to show lack of due execution, incapacity or whatever ground is alleged for the invalidity of the will. It is the duty of the probate court to give effect if it can to the wishes of the testator as expressed in testamentary documents and it should not, therefore, pronounce against what it knows to be the last will in date without making an inquiry as to its validity.”