The importance of a Will can never be overstated if you want to be sure that your estate is managed and distributed in the way you want, to the people you want, after your death. Whilst there are clear rules on what happens to intestate estates, that doesn’t mean it’s a straightforward process, particularly when you have family members who may have their own views on what should happen.
Things get even more complicated if there is a belief by some parties that a will does exist, but for some reason it either can’t be found or there is uncertainty over the validity of the Will due to the Will not being duly executed. This can result in arguments and even resorting to the courts to try and resolve the situation, which costs time and money and irreparable damage to the relationships within the family.
Packer v Packer – Did a valid Will exist?
In the recent High Court case of Packer v Packer [2025] EWHC 461 (Ch), the Courts ruled on the importance of the formal requirements of valid due execution of a Will, following a dispute over the existence of a valid Will.
The case revolved around the Estate of Stephen Packer, who passed away in July 2022. His widow, Debra, believed that Stephen died intestate and, as such, his estate would follow the intestacy rules and be inherited by her. However, Stephen’s sister, Lynn, said that Stephen had drafted two wills, one in 2017 and one in 2022. Lynn helped Stephen in drafting the Will, signing the Will and also informed Stephen that he needed the Will to be witnessed by independent third parties. Both of the Wills were said to have appointed Lynn as Stephen’s sole Executrix. However, following Stephen’s death, neither of the signed Wills could be located and, therefore, Debra applied for letters of administration.
Lynn claimed that the Will from 2022 left provisions of pecuniary legacies; a right for Debra to reside in the home and the residuary estate to be split equally between Debra and Lynn. Lynn, however, was not able to provide any evidence which confirmed that the Wills produced by Stephen had been duly executed. Lynn was able to locate unsigned drafts of the Will, but asserted that Debra may have located the two signed Wills and destroyed them in order to inherit the whole estate.
Judgment
For a Will to be valid, it requires to be compliant with Section 9 of the Wills Act 1837, which states the testator’s signature needs to be witnessed in the presence of two or more independent witnesses, who either attest or sign the will to acknowledge the testator’s signature.
The claim brought by Lynn regarding the Will she said existed was ultimately dismissed by the Courts, as there was a lack of evidence which indicated that the Will was duly executed by independent witnesses, given Stephen did not wish to use the services of solicitors, nor did he have an extensive network outside of his family members. Not using a solicitor also meant that there was no automatic secure storage of the Will for future reference, like in this situation.
Furthermore, in the absence of any executed Wills, the court also has to consider the presumption of revocation. When a Will cannot be located post death, it is presumed that the testator revoked the Will by way of destruction. This presumption can be rebutted if there is evidence to indicate the contrary.
In Packer v Packer [2025], the Court found that the missing Wills were likely to have been destroyed, and given his reluctance to spent money on professional advice and no additional evidence being available, the Court therefore reaffirmed the precedent that a missing Will is presumed revoked. It was indicated that give the extensive searches to find the Will, plus the evidence of Stephen keeping other important documents where they could be easily located, it was felt that it would have been unlikely that Stephen merely lost the Will.
What does this mean for you?
The legal implications which arise from Packer v Packer [2025] highlight the importance of ensuring that Wills are properly executed, signed and witnessed. This is to ensure that the Will is valid and compliant with S9 Wills Act 1837.
It also demonstrates the importance that, if a Will was drafted and is valid, that the Will is stored securely, so that it can be retrieved and referred to upon the testator’s death.
Whilst it is possible to try to draw up a Will yourself, it is always recommended that you use a solicitor for many reasons, including those described above relating to validity and security. Your trusted solicitor can ensure you meet all the requirements of the Wills Act 1837, but also ensure that the content of your Will meets your requirements and is clear about your wishes for your estate upon your death.
At Ramsdens, we can help with all aspects of your estate planning, from writing a will, to setting up trusts. We can also help with any probate matters, including contesting wills and contentious probate.
Find out more on our website or contact our Private Wealth and Succession team today by calling 01484 821 500 or emailing [email protected].
The above article is for illustrative purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any part of the information given. Furthermore, the information contained is accurate and up to date as of the date of publication. Readers should be aware that legislative frameworks may have been amended since the original date of publication.