Judgment handed down from the Court of Appeal in Sangha v Sangha [2023] EWCA Civ 660

Cancel Culture!

Alexander Learmonth KC succeeds in the Court of Appeal in a fascinating case on revocation clauses. A will containing no appointment of executors and disposing only with Indian assets ended with the words “This is my last and final WILL and all such previous documents stand cancelled”. The Court of Appeal, disagreeing with the Deputy Judge on a first appeal below, held that this would revoke the testator’s previous will, dealing with English and Indian assets, in full.

Nugee LJ also disapproves the suggestion in both judgments below that it is enough for an attesting witness to have signed the will after the testator, but before the testator has signed or acknowledged his signature in the presence of two witnesses simultaneously – the amended s.9 of the Wills Act 1837 still requires the execution to be done in sequence.