Ronald Butcher died alone probably in March 2013 although his body was not found until May 2013. Mr Butcher was survived by a cousin who had not spoken to him since 2012. With Mr Butcher's effects a homemade Will was found. Mr Butcher's homemade Will was dated 5 January 2013. In his Will he named his builder, Mr Sharp as the sole executor and beneficiary of his Estate. The Estate was worth arguing about because it was valued at just under £500,000.
Mr Sharp had known Mr Butcher for about six years prior to his death and had carried out building jobs for him. The Will was challenged by his surviving cousin and Mrs Hutchins whose family had become close to Mr Butcher (and indeed called him 'Uncle Ron'). Mrs Hutchins had asked the court to confirm that an earlier Will of Mr Butcher dated 4 December 2011 be put forward to Probate as Mrs Hutchins was named as an executor and one of the beneficiaries in that will.
There was a suggestion that Mr Butcher's signature had been forged on the 2013 Will but this allegation was dropped on the basis of expert handwriting evidence.
There was no evidence as to how Mr Butcher's 2013 Will had come into existence. There was no suggestion that Mr Sharp had attempted to force Mr Butcher to prepare the 2013 Will in his favour and on the basis that the 2013 homemade Will was short and straightforward, the court found in Mr Sharp's favour.
The case is interesting because it reminds us that there is often room for argument in relation to affairs of someone who has died. It does highlight the possibility that a homemade Will may be more open to challenge.
If Mr Butcher had attended a firm of solicitors to prepare his Will, the solicitor should have clear attendance notes and letters recording the circumstances of preparation of the Will. This would be very compelling evidence to establish that a person knew and approved the contents of their Will and had signed it properly. Accordingly it would be more difficult to challenge a professionally drawn up Will.
A professional adviser can help you consider whether there is anyone who may have a claim against your Estate and can help you ensure that your Will, however unpalatable to your family, accurately reflects your wishes.
It is important to ensure that you keep the terms of your Will up to date and if you would like to discuss making a Will, contact us.