Rothera Bray: “We are proud to be a founder member of The National Will Register”

Today’s modern age of increasingly complex family structures, a greater reliance on receiving inheritance, an increase in the value of assets owned, and an increased awareness of will disputes are all factors contributing to an increase in disputes over inheritance.

The National Will Register’s will search continues to successfully assist various stakeholders within the wills and probate industry. Whether it be to identify if a will exists, find a will that’s existence is known about but the location is unknown, or to identify if the will held is the most up-to-date will to ensure the parties are working with the correct will.

In the case of the estate of Basil (not his real name), Rosemary, daughter of Basil, instructed Wilkin Chapman Rollits to dispute the validity of Basil’s last will on the basis that it was not properly executed (the suggestion being it was not properly witnessed) and that Basil may have lacked the requisite mental capacity at the time of making his will. Furthermore, there was concern that Basil may have acted under undue influence. Rosemary’s suspicions around the will arose from the fact that, in Basil’s later life, he became a serial will maker, changing his will on a yearly basis and, latterly, making homemade wills.

During Rosemary’s mother’s lifetime, she and Basil had made mirror wills that left the entirety of their estate to Rosemary and her brother. This was what had always been discussed amongst the family and promised to them during their mother’s lifetime. However, after the death of his wife, Basil was grief-stricken and became a lonely, vulnerable elderly man. Due to his vulnerability, Basil was susceptible to financial abuse.

It was not long after his wife’s passing that Basil suffered financial abuse from a solicitor who had become an acquaintance, and a will was written in the solicitor’s favour. Following this, Basil embarked on a journey of regularly changing his wills, these amendments being prompted when he became acquainted with someone new. These new acquaintances were not romantic in nature, but individuals Basil considered as being like children of his own.

Basil went on to make new wills in 2015, 2016, 2017, and multiple wills in 2019, 2020 and 2021. The latest will being made in 2022, which left the entirety of his estate to a neighbour whom Basil had known for a very limited period of time. The most recent wills to have been made by Basil were a series of homemade wills, which, it transpired, had not been validly witnessed as the witnesses did not observe the signing of the will in the presence of one another.

Not only was a will search necessary to find the last valid will, but also to ensure that Rosemary would inherit under the most recent valid will. In situations like this, when the sheer volume of draft wills and signed wills is so extensive, conducting a will search with The National Will Register is the perfect tool to successfully complete due diligence in locating and obtaining any wills in existence in one simple and cost-effective search.

Having conducted the search, it was established that the last valid will Basil made was in 2020 with a firm of solicitors, under which Rosemary inherits. The homemade wills were invalid due to a lack of proper execution.

This case clearly highlights the importance of conducting a will search to ensure that the most recent valid will is located and that the wishes of the deceased are followed. A will search provides peace of mind and helps avoid unnecessary disputes or costly legal challenges.

Click here to find out more about the importance of will search.