Daniel Watson and Priya Mohanakumar discuss the recent Phipps v Goulbourne case in Today’s Wills and Probate
Daniel and Priya’s article was published in Today’s Wills and Probate, 23 February 2024, and can be seen here.
Daniel Watson, Senior Associate and Priya Mohanakumar, Trainee Solicitor in our Private Client department, explain the process of propounding a copy of a will when the original cannot be found.
In such cases, personal representatives may apply to the Probate Registry to prove a copy, supported by an affidavit detailing efforts to locate the original. If the Registry refuses to prove the copy, the estate will be distributed under intestacy rules, which may result in unintended beneficiaries inheriting.
The recent case of Phipps v Goulbourne illustrates the risks involved. The claimant, the deceased’s daughter and sole beneficiary under a copy of a will found in an email, failed to meet a court deadline to formally propound the will. Her solicitors mistakenly believed the court would serve the claim form, but the Practice Directions clearly state this is the claimant’s responsibility. As a result, the court refused relief from sanctions, and the estate was administered as if the will were invalid benefiting the deceased’s widower instead.
This case highlights the importance of ensuring that executors know the location of the original will and that it is stored securely. Without the original, even a validly made will may not be upheld, potentially leading to significant consequences for intended beneficiaries. Early legal advice and careful compliance with procedural rules are essential when dealing with lost wills.
Read the full article on the Today’s Wills and Probate website [external link].