Will has been destroyed.

GDB2222

[Deleted User] said:

ThisIsWeird said:

GDB2222 said:

ThisIsWeird said:

GDB2222 said:

ThisIsWeird said:

Wooooo. 

Some solicitors have advised that the current valid - intact - will remains valid, when the subsequent will has been deliberately destroyed by the author.

Does anyone on here know for certain?

These solicitors have seen all the documents, and they have been paid to consider this carefully and advise? 

Nope. But they seemed pretty certain of their claim.

You can't rely on them, then. You can't rely on this forum, either. 

So, are you asking just out of interest, or are you proposing to act on this unreliable information in some way? 

Of course I'm not going to suggest the person involved acts on forum info. 
But when two separate probate solicitors have since told this person that the original assumed scenario was quite wrong - tearing up a later will does not render an estate intestate if there is a remaining valid will - then I'm back on here to ask if anyone knows the definitive answer with certainty.
That's all. 
This person is not in a financial position to pursue this themselves, so would require a NWNF solicitor.

Ask the solicitors to explain what s22 Will Act 1837 does not apply: https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/22   It's quite short and a straightforward read.  There's also stuff here that explains in more detail: https://library.croneri.co.uk/cch_uk/ross/22-230 

Once you have their answer you can make a decision as to accept it or not.  

That’s the same section of the act that I quoted. I would indeed be interested to hear why the solicitors think it doesn’t apply. 

GDB2222

ThisIsWeird said:

Thank you.

It seemingly comes down to the testator's intention, and whether this can be demonstrated.

I'll update if there's anything to update

I don’t think you should hold out too much hope at this stage. 

ThisIsWeird

GDB2222 said:

ThisIsWeird said:

Thank you.

It seemingly comes down to the testator's intention, and whether this can be demonstrated.

I'll update if there's anything to update

I don’t think you should hold out too much hope at this stage. 

As I said, it comes down to the intention, and other factors. At the moment, we haven't much of an idea - folk are being cagey - but there is some 'stuff' which could shed light on it.

An example: To write a legitimate Will, you need to be of sound mind, yes? And you mustn't be coerced? Well, the same applies if you later destroy a Will; if you were not, at that later tearing-up stage, of sound mind, or were coerced into doing so, the Will still stands.

Ditto with intent - if it can be shown that the testator changed their mind about the new Will, and wished the old one to stand, then ditto.

If the testator tore up the Will because they filled it out incorrectly, then it was never valid - so the previous one stands.

So, as far as I can see, the answer to the Q, "Does tearing up a Will make the estate intestate, or does it even revert to a previous will?", is, "it depends".