Matt Kelly discusses a recent case that highlights the risk of people storing their original Wills at home.

The facts of the case:

In the recent case of Packer v Packer [2025 EWHC 461 C] Stephen Packer was survived by his wife, Debra Packer, and his sister; Lynn Packer. The two women litigated several legal disputes though this case, concerned with whether Stephen Packer died leaving a valid Will, or died intestate (without leaving a valid Will).

Lynn Packer argued that Stephen made a Will on 21st February 2022 with her assistance, though no signed version of the Will was ever found after Stephen died. Lynn prepared drafts of the Will but she provided conflicting evidence regarding the process of how Stephen apparently signed it. The court rejected her evidence and found that the Will was not signed on 21st February 2022 or afterwards.

The rebuttable presumption of revocation

Even though the court concluded that Stephen did not sign his Will, it is still worth considering what the position would have been if he had signed it, which subsequently couldn’t be found after his death.

There is a legal rebuttable presumption that when the original Will is last known to be in the possession of the person that made the Will (the testator), but is not found after their death, it is presumed that the testator destroyed the Will with the intention to revoke it i.e. cancel the Will.

The presumption can be rebutted by evidence that the Will wasn’t destroyed by the deceased, though the starting point is that the deceased did intentionally destroy their Will. This means they died leaving no Will (intestate) or an earlier Will would apply and be classed as the last Will.

Key takeaways

Storing original legal documents at home carries some risk, though the risk is greater for Wills than some other legal documents. For example, if an original Lasting Power of Attorney is lost, then an official copy can be obtained from the Office of the Public Guardian, which has the same legal standing as the original document. However, if the original Will is stored by the testator and cannot be located after death, then the rebuttable presumption of revocation applies.

Timms solicitors offer our clients the option of storing the Wills we prepare in a safe and secure facility at our offices for no additional charge. Most of our clients take up this option to avoid the risk of the presumption of revocation arising and leading to confusion about whether they have destroyed their Will. Timms solicitors are pleased to offer our clients peace of mind through safely storing their professionally prepared Wills.

If you would like any further information about the preparation and storage of Wills then please contact us on freephone 0800 011 6666.

For more information on Wills, visit out webpage here.