I have come across an interesting scenario. Deceased purchased a ‘Will Pack’ which contained various template Wills which required the ‘blanks’ filling in by hand. Each template (A - H) had slightly different pre-printed text to suit different circumstances. However, the client has filled them ALL in and had each one executed and witnessed on the same day!! On the whole, they say similar things, but one of the versions might cause an issue if it ends up being the accepted one as it refers to “My Daughters” which would include an estranged daughter. The others name 2 of the daughters.
There are other inconsistencies, for eg, one version has the pre-printed text saying “…To my friend and partner…” Then follows hand written text in the blank space saying “My Daughters”.
The probate registry have asked for us to send them all in together with an affidavit of due execution by the witnesses.
I think this shows a lack of knowledge and approval of the wills on the part of the testator and the way forward is to apply for probate in solemn form.
I am certain I have come across a case in the STEP Estates exam manual (I will look it out but I think, if memory serves, that it is Re. Howard) where the deceased executed two wills on the same day. Both had a revocation clause and it was not possible to determine which was signed last, so the deceased was found to have died intestate. I recall that the key in that case was that the two wills were fundamentally inconsistent, whereas yours sound to be reasonably consistent with each other, so perhaps a different outcome. Hopefully the attesting witnesses can shed some light on which was the last will.
I dealt with a case where the deceased made two home made Wills (so his witnesses could each keep a copy) and both Wills were proved alongside an earlier solicitor made Will (we treated them as one Will, as contained in three documents)! Neither home made Will included a revocation clause or appointed executors (so the executor appointment of the solicitor made Will stood), but they did both manage to dispose of the whole of his estate in largely the same way. Of course legacies were included in the home made Wills for the the witnesses and their wives…
I think the fact that the Wills are largely the same may make a difference to the approach here, but it will be interesting to see how the Probate Registry propose to deal with them.
