Aaron Burkett
Dispute Resolution
Guidance provided on validity of Pandemic Wills
The case of Coady v Coady (PT-2023-BHM-000025, concerned a legal dispute over the validity of a Will made by Kathleen Bernadette Coady in 2020, during the COVID-19 pandemic.
The Will was drafted at a time when strict social distancing guidelines were in place, and the key issue revolved around whether the Will was executed properly according to the legal requirements of the Wills Act 1837.
The Wills Act 1837 requires that for a will to be valid, the testator (the person making the will) must sign it in the presence of at least two witnesses, who must also sign the Will in the testator’s presence.
The law traditionally requires these witnesses to be physically present, which posed a challenge during the pandemic when social distancing meant that people were avoiding close contact.
Kathleen’s son, Gerard, had her sign the Will in her garden, whilst two neighbours, Edna and David Meeson, stood a distance away, some 8 to 12 feet. Gerard claimed that he read out the Will to his mother, and that she acknowledged her understanding of it before signing, while the two neighbours confirmed they had witnessed the signing.
However, the accounts of Edna and David conflicted with Gerard’s. Both stated that they did not witness Kathleen signing the Will and that she did not seem to acknowledge their presence at all.
The Court was asked to determine whether the Will had been executed correctly and whether the legal requirements for witnessing a will had been met.
It was determined by the Court that the Will was invalid, based largely on the inconsistency and implausibility of Gerard’s account compared to the more credible testimonies of Edna and David
William Cook, an Associate Solicitor in the Dispute Resolution department, said:
“This decision underscores the importance of proper execution and presence when it comes to Wills and hints at a continuation of new matters concerning the validity of so called ‘Covid Wills’. “