The legal requirements
Two separate questions arise: was the will executed correctly, and did the person know and approve its contents? The following authorities set the rules.
Wills Act 1837, section 9
A will must be in writing and signed by the person making it in the presence of two witnesses present at the same time, who then each sign in the presence of the person making the will. A will that fails any part of this is invalid, regardless of how clear the person’s wishes were.
Gill v Woodall [2010] EWCA Civ 1430
A farmer’s wife left a farm worth over £1 million to the RSPCA and nothing to her only daughter. The will had been read over by a solicitor, but the Court of Appeal accepted that she suffered from severe anxiety and agoraphobia and had not taken in what it said. The will was set aside for want of knowledge and approval.
Marley v Rawlings [2014] UKSC 2
A husband and wife each signed the other’s mirror will by mistake. The Supreme Court allowed the will to be rectified so that it took effect as intended. The case shows that the court has power to correct clerical errors, which cuts both ways depending on which side of the dispute you are on.
Hawes v Burgess [2013] EWCA Civ 74
Where a will was prepared by an independent solicitor who met the person alone, the court will need strong evidence before finding that they did not know and approve it. The circumstances in which the will was prepared are central.
