MARY OKAILEY WELBECK v. SIMON TACKIE WELBECK
2013
COURT OF APPEAL
GHANA
CORAM
- APALOO, J.A. (PRESIDING
- ADJEI, J.A.
- SAEED, J.A
Areas of Law
- Probate and Succession
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this case, the High Court ruled in favor of the defendant, affirming the validity of Joseph Ayikai Welbecks will. The plaintiff argued that the will was forged or fraudulently obtained because it provided her only a minor share. The court pointed out that the burden of proof lies with the person challenging the will and found that the plaintiff failed to prove her allegations, whereas the defendant provided credible evidence supporting the wills authenticity. Handwriting experts and testimonies confirmed the wills validity, and thus, the court dismissed the plaintiff's appeal while emphasizing that even irregular but duly executed documents can be valid testamentary instruments.
J U D G M E N T
DENNIS ADJEI,J.A.:
On 22nd June, 2011 the High Court Accra dismissed the plaintiff/appellant’s action (hereafter called the plaintiff) and entered judgment in favour of the defendant/respondent hereafter called the defendant. The High Court in its judgment held that the last will and testament of the late Joseph Ayikai Welbeck who died on 17th July,1997 was neither forged nor fraudulently obtained and was duly executed in accordance with the Will’s Act, Act 360. The plaintiff dissatisfied with the judgment of the trial High Court filed an appeal against it on 5th July, 2011.
The brief facts of the case culminating in this appeal were that the parties herein were some of the children of the late Joseph Ayikai Welbeck who died on 4th April, 2003. The parties come from different mothers. The will of the deceased dated 17th July, 1997 was admitted to probate by the High Court without a caveat. The plaintiff was given an insignificant amount of ¢10,000.00(GH¢10.00) by her father in the disputed will and dissatisfied with it thought that it was the defendant who fraudulently made the will in the name of his father and therefore issued a writ to challenge the validity of the will that it was either obtained by fraud or was forged. I will reproduce for discussion the relief sought by the plaintiff on her amended writ of summons filed on 14th April, 2011. They are as follows:
“i. A declaration that the alleged Will of Joseph Ayikai (deceased) purportedly executed on 17th July 1997 is either forged or was obtained by fraud.
ii. An order invalidating the alleged Will as null and void by reason of forgery and/or fraud
Further or in the alternative,
iii. A declaration that the will dated 17th July 1997, not being the last will and testament of Joseph Okai Welbeck (decd), is invalid and cannot form the basis for the administration of his estate.
iv. An order declaring the probate obtained by the defendant for purpose of administering the estate of the deceased under and by virtue of the said will of 17th July,19997, null, void and of no legal effect whatsoever.
v. An order declaring any distribution or purported distribution; or the enforcement or purported enforcement of any directive, carried out or intended to be carried out by the defendant, under or by virtue of the said will of July 17, 1997, null, void and of no legal effect whatsoever.
vi. Any further or other orders”.
The trial High Court Judge found that the will of the late Joseph A