Barrett v Bem & ors [2012] EWCA Civ 52

Wills & Trusts Law Reports | May 2012 #119

Martin Lavin (the testator) died on 11 January 2004 in Hammersmith Hospital leaving a will in which he left everything to his sister Anne Liston whom he also appointed executor (the will). Anne died on 04 November 2004 having obtained probate of the will in June 2004. Her daughter, Hanora Bem was appointed her executor. Hanora wrote out the will at Hammersmith Hospital on the day of the testator’s death. The testator was alleged to have signed the will at approximately 3.30pm on the date of his death. It was purportedly witnessed by two staff nurses.

In May 2007, proceedings were ...