Guernsey Judgment 30/2008 - Brooks et al & Allen & Billen & Taylor

View printable version

Will of personal estate - action to set aside, alleging want of testamentary capacity - preliminary hearing to decide where the burden of proof lay - the burden of proof may shift from one party to another in the course of a case - held that in the present case the burden of proof lay initially on the parties propounding the will to demonstrate that the Testatrix had the requisite mental capacity