Lockdown Wills - ensure they are valid

Background

The family dispute centred on two Wills. The 2017 Will appointed Peter as executor, made gifts to several children and grandchildren, and left the remainder of the estate to Peter. In contrast, the 2020 Will named Gerard as sole executor and left the residue to him. Gerard obtained probate for the 2020 Will, valuing the estate at about £191,756. Peter challenged that Will, and the court held a focused hearing to decide only one point: whether the 2020 Will was properly signed and witnessed, as required by section 9 of the Wills Act 1837. In everyday terms, the law says the person making a Will must sign it (or confirm their signature) while two witnesses are present together, and those witnesses must then sign the Will in the person’s presence.

Key findings

The most important evidence came from the two neighbours who were asked to witness the 2020 Will, Edna and David Meeson. They described an urgent, Covid era signing set up: a table in the back garden with papers; Mrs Coady seated inside at a dining table; and a brief visit lasting only a few minutes. Both witnesses were clear that they did not see Mrs Coady sign the Will, nor did she acknowledge that the Will was being signed while they were there. They also said she could not have seen them sign from where she was sitting inside. Their accounts were consistent, careful and given without any personal stake in the outcome.

Gerard’s account was different. He said he followed solicitor guidance, read out the execution instructions and the Will itself, and that his mother greeted and thanked the witnesses before signing in front of them, after which they signed in her presence. The judge found this version unlikely. Timing was a particular problem: Gerard said there was reading, conversation and reference back to instructions, yet the witnesses said they were there only two to five minutes. When Gerard read the Will out loud in court, it took over five and a half minutes just to read the Will, making his description of the brief visit implausible.

A separate document dated February 2023, said to confirm the witnessing of the 2020 Will, raised further concerns. It contained misspellings of the witnesses’ names, an incorrect Will date and a strange printed footer. The original was not produced. Both witnesses disputed that the signatures on it were theirs or said they would not have signed such a document if they had seen those errors. The court treated this document with caution.

Applying the law, the judge held that the essential formalities were not met. Mrs Coady did not sign or acknowledge her signature while both witnesses were present together, and the witnesses did not sign in her presence. Because these requirements are strict, the 2020 Will could not stand.

Conclusion

The court declared the 2020 Will invalid and confirmed that the 2017 Will was Mrs Coady’s true last Will. Practically, that means the estate would be administered according to the 2017 Will’s terms. The case is a clear reminder that formal witnessing rules are not optional. Even in challenging circumstances, such as during the pandemic, a Will must be signed and witnessed exactly as the law requires to be valid.

This case is a timely reminder to review your Will and ensure it complies with the law in terms of execution, particularly if you made your Will during the Covid-19 pandemic.

If you are concerned about your Will or would like to make a new Will please contact Leila Goodarzi in our Private Client team.