Coady v Coady – Lessons from a Covid-19 Will Dispute
The recent case of Coady v Coady is an interesting case that highlights the importance of the validity of Wills, in particular, Wills created during the Covid-19 pandemic.
The Law
Section 9 of the Wills Act 1837 sets out that a valid Will must be in writing and signed by the testator (the person making the Will). That signature must be made or acknowledged in the presence of two or more Witnesses present at the same time, who must also sign in the presence of the testator.
An additional point is that during the period between 31 January 2020 and 31 January 2024, “presence” could include video conferences; otherwise, it just means physical presence with line of sight.
The facts of the case
Kathleen Coady (the Deceased) created a Will in 2020, appointing her son, Gerard Coady (the Defendant), as the sole executor and beneficiary. This 2020 Will replaced the Deceased’s earlier Will that she had made in March 2017. Under the 2017 Will, Peter Coady (the Claimant), another of Kathleen’s Sons, was the sole executor and beneficiary.
The Deceased passed away in November 2022. The Claimant argued that because the 2020 Will was made during the first Covid-19 lockdown at home under social distancing rules, it had not been signed and witnessed in accordance with the legal requirements under Section 9 of the Wills Act 1837.
The Claimant issued proceedings in February 2023, the key dispute being the events that took place during the execution of the 2020 Will. It was agreed that the ceremony took place with the Deceased being seated just inside her open back door, and the two neighbours, Edna and David Meeson (the Witnesses), were outside at the garden table around 9-12 feet away.
The Defendant claimed that the Deceased had said hello to the Witnesses and thanked them for agreeing to witness her Will. He said that he read aloud the contents of the Will whilst the Witnesses stood outside and the Deceased clearly acknowledged her understanding, signed in the view of the Witnesses, and the Witnesses then signed in her presence.
However, this differed from the Witnesses’ account of these events. They both described the process as being “hurried” and a “just in and out” visit. They claimed that the Deceased did not in any way acknowledge their presence. They described the Deceased as “half asleep, very ill and frail”. The entire execution of the Will was said to have only lasted 2-3 minutes, and no conversation in respect of the contents of the Will was had. Edna even claimed that had the Defendant read out the solicitor’s instructions on execution, she would not have signed.
The decision and application
The court found the Defendants evidence to be unreliable and inconsistent. The Defendant stated that the time taken for all the events to take place was 6-7 minutes. However, the court had the Defendant read the Will out whilst being timed, which took 5 minutes and 37 seconds. The Defendant claimed in his statement that he also read out the execution sheet from the solicitors and there was a “chat” at the start and end of the proceedings. Therefore, had the Defendant’s account of the events been accurate, it would altogether have taken considerably longer than the estimated 6-7 minutes suggested by the Defendant.
The court found that in contrast, the evidence given by both Witnesses was clear and consistent, despite them each giving evidence whilst the other was out of the court.
The court therefore ruled that the Will was invalid for non-compliance with the requirements of section 9 of the Wills Act 1837. The signature of the Deceased was not made or acknowledged in the presence of two Witnesses and the Witnesses did not sign in her presence.
What does this mean?
This case is an important reminder of the legal challenges that were present during the Covid-19 pandemic concerning the valid execution of Wills. If there is any uncertainty about whether your Will was properly executed during that period, it is advisable to review these concerns with a professional.
Although the Covid-19 pandemic created exceptional and often difficult circumstances, this decision highlights that the legal formalities under section 9 of the Wills Act 1837 remained essential and still had to be strictly observed.
Review your Will with our expert team
If your Will was made during the Covid-19 pandemic or you have concerns about its validity, our Wills and Probate team can help.
Contact our Dorchester, Weymouth, Bridport, or Portland offices, or call us on 01305 771000.
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