Member Article

Dispute against home made wills - Court of Appeal Ruling

Home-made wills and shop bought ‘will packs’ that are filled in without legal advice are an invitation for dispute between your loved ones after you are gone warns Hayley-Jo Lockey, Solicitor at Sydney Mitchell LLP.. The point was powerfully made by a Court of Appeal case in which two home-made wills, signed by a retired postman, created dispute that drove his family apart.

In 1998, shortly after marrying his much younger second wife, the man made a will by which he left her the entirety of his estate, which was worth about £600,000. In 2012, a few months before his death, aged 74, he made a second will by which he left legacies of £15,000 each to his wife and a grandchild and the remainder of his estate to his oldest son by his first marriage.

Neither will was professionally drafted nor had the deceased received advice in relation to the contents and consequences of the terms of the wills.

A judge found that both documents were invalid and the man was therefore deemed to have died intestate. The judge was unable to find that the 2012 will had been properly witnessed or that the man knew and approved its contents. The 1998 will, which had been completed on a pre-printed will form, included the details of two witnesses, but their names had been written in block capitals and therefore did not conform to the rules set down in legislation.

The widow appealed the decision of the judge. In upholding the widow’s appeal against that ruling, the Court noted that the will form did not provide a specific space in which the witnesses could sign their names. However, on the evidence, it was clear that they had attended the man’s home in order to witness his will and were present when he signed it. They had appended their names as witnesses, with the intention of attesting the will, and it did not matter that they had done so in capitals, rather than ‘signing’ the document in the usual modern sense of that word. The 1998 will was therefore held as valid.

When considering preparing a new will or amending the terms of an existing will it is always better to speak to a professional who can advise and guide you through the process.

This was posted in Bdaily's Members' News section by Sydney Mitchell LLP .