Wills & Trusts Law Reports | Autumn 2023 #192The deceased died on 21 June 2010. His will, dated 6 March 1998, gave a life interest in the matrimonial home to his second wife, with remainders to the claimant and his brother, who were children of the deceased’s first marriage. A codicil, dated 26 December 2002, replaced the life interest with an absolute gift to the second wife. The deceased’s second wife obtained probate, relying on a copy of the codicil as the original could not be found, and administered the estate. The second wife made a will by which 70% of her residuary estate went to her sister, and 30% to the claimant’s three...
Mark Baxter sets out the current thinking on proving the existence of lost wills ‘It appears difficult to prove a lost will in the absence of supporting evidence that a will existed at all: the court will wish to corroborate the evidence in favour of the lost will with evidence that a will that could …
Continue reading "Wills: Gone, but not forgotten"
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Sian Hodgson outlines a case that clarifies the standard of proof required to ‘prove’ a missing will ‘Given the nature of the claim, there was very little by way of documentary evidence and the court therefore had to take a view very much based on witness evidence.’It is generally accepted that, as a matter of …
Continue reading "Wills: Good Will Hunting"
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