We have a valid will referring to an earlier meeting with a solicitor and the instructions provided to the said solicitor.
The solicitor had met, taken instructions, confirmed these in writing with the client and drafted an initial draft of the Will for the client but unfortunately the client passed away before confirming the draft or signing any Will written by the solicitor.
During the last 24 hours of the client’s life (there are no capacity issues) the client completed a homemade Will stating the residue is to be left in accordance with the instructions given to the solicitor (and provided the date of the meeting.) There are no known relatives of the deceased.
Is this Will/estate to be administered as a secret trust or can the Will be simply administered as per the instructions provided to the solicitor? The Will appoints two Execs/trustees and is witnessed correctly.
Thanks in advance.
A secret trust would have to be in existence at the date of the homemade will and communicated to the trustee. The background does not suggest that the deceased ever made such a valid trust.
The question is whether any of the extraneous material can be regarded as incorporated into the valid will. The rules are simple enough: the document to be incorporated must be in existence and referred to in the will as being in existence and described in sufficient detail for it to be identified. As ever the difficulty may lie in applying these to the particular facts and the admissibility of evidence if that application is not straightforward.