High Court Rules Man Died Intestate in Missing Will Case

Many people delay making a will or have concerns about doing so, but a professionally drafted will is the best way to prevent disputes after death. This was highlighted in a recent High Court case where a deceased man's wife claimed he had died intestate, while his sister insisted he had made a valid will—though it could not be found after his death.

Background

The man was diagnosed with cancer in 2010 and, despite treatment, passed away in 2022 at the age of 65. Both his wife and sister had cared for him in his final years, but their relationship broke down after his death. The sister lodged a caveat with the Probate Registry to block a grant of representation, arguing that he had made a will in which she was a beneficiary. His wife initiated legal proceedings, asserting that he had died intestate and that she was entitled to inherit his entire estate.

Legal Issues Considered

The Court examined whether a draft will had been prepared on the man’s instructions and, if so, whether it had been executed in accordance with Section 9 of the Wills Act 1837. Since no will was found, the Court also considered whether the presumption that he had revoked it by destroying it could be rebutted.

Court Findings

The Court accepted that the man’s sister had drafted a will for him on his instructions. However, it found no evidence that he had the will witnessed by independent witnesses, a requirement for validity. While there was a possibility that an argument could have been made that family members had witnessed the will, the Court concluded that he had likely been advised to have it signed independently but never did so. As a result, the will had not been validly executed.

Furthermore, even if a valid will had existed, the Court found that the presumption of revocation was not rebutted. The will was likely kept at the man’s home, yet his family was unable to locate it. Given his initial reluctance to make a will and the knowledge that it had not been validly executed, the Court concluded that he had probably destroyed it.

Conclusion

This case highlights the importance of ensuring a will is properly drafted, executed, and safely stored. Seeking legal advice from a solicitor can help avoid uncertainty and disputes, ensuring that wishes are clearly documented and upheld.