
It has come to light that some Wills made in Lockdown may not be valid!
A preliminary‑issue probate hearing heard by District Judge Chloë Phillips for a contested probate case Peter Coady v Gerard Coady resulted in the Will drafted during the COVID-19 pandemic being void due to the proper signing procedures having not been followed.
The Case
The key factual dispute concerned what happened during the execution of the 2020 Will. One of the two attesting witnesses said he and his mother were asked by the testatrix’s son to witness the Will as an emergency measure. They entered the back garden, where a table had been set up about 10 to 12 feet from the open back door. The testatrix was seated inside at a dining table, six to eight feet from the door. The witness described the testatrix as very ill and half asleep, making no acknowledgment of their presence. He stated that he did not see her sign the Will and that when he and his mother signed the Will the testatrix could not see them. He advised that the entire process lasted only two or three minutes. His mother gave similar evidence.
The son’s account however was different, claiming he followed the solicitor’s instructions precisely: reading out the execution sheet and the entire Will, confirming his mother’s understanding, and had her first sign in the witnesses’ view, before passing the Will outside for their signatures, all in mutual sight.
The Court required the Will be read in full and timed to be clear about the timeframes for completing the Will. The Will took nearly six minutes to read out. They established that on the evidence, the testatrix did not sign or acknowledge her signature in the presence of both witnesses, and when the witnesses signed, she could not see them. The 2020 Will was therefore invalid for non‑compliance with section 9(1)(c) of the Wills Act.
The Importance of a Solicitor
The case has highlighted the importance of obtaining correct legal advice when looking to make a Will. By completing your Will with a Solicitor, they will ensure that the formalities of the Wills Act at signing as detailed below are followed:
- The Will must be in writing and signed by the testator or by someone else in their presence and at their direction.
- The testator must intend their signature to confirm that the document is their Will.
- The Will must be signed in the presence of two witnesses who must then also sign the Will or confirm their signatures in the testator’s presence.
- Witnesses do not need to sign in each other’s presence, but they must each sign in the presence of the testator.
Next Steps...
If you have any concerns in relation to a Will you made in lockdown, please do not hesitate to contact me by emailing m.wain@timms-law.com or call 01283 561531.
For more information on Wills & Probate, please visit our webpage here.