Judge Lightman's judgment in Re the Estate of Richard Sherrington Deceased (see [2004] Gazette, 5 August, 24) is understandable. Richard Sherrington's will was invalid because the legal requirements as to execution had not been satisfied.


What I fail to understand are the points made by the judge as referred to at the end of your report. The judge was not satisfied on the balance of probabilities that the deceased was informed of the contents of the will or had even read it.



Furthermore, the defendant (the deceased's wife) 'had failed to discharge the burden of proof that the deceased knew and approved of the contents of the will when he signed it'.



If someone of sound mind, and in this case a practising solicitor no less, signs a document, surely it is for the signatory to discharge such burden of proof? If this is not the case, what is the value of signing a document?



For the same reasons, why is it for the judge to be satisfied that the deceased knew the contents of what he was signing, particularly given the deceased's profession.



A lawyer, of all people, must surely be taken to know the importance of putting his signature to a document. Why should it be for another to discharge this burden of proof?



Leonor Alcock, Alcock & Smalley, Macclesfield, Cheshire