Lost will found after cat knocks over pile of papers

A farm was owned by 3 siblings, Dean, Dale and Venetia. They had inherited it after their grandfather passed away and they owned it in equal shares.

In 2007, Dean died. Dean was thought to have died without making a will and therefore all his assets (including his share of the farm) passed to his mother under the intestacy rules. His mother then transferred her share to Dale, meaning that Dale now owned 2/3s of the farm. Venetia was shocked that the farm had not been left to Dale and Venetia equally, but as there was no will, she did not dispute it. A family feud began when Venetia accused Dale of “bullying her” out of the business.

In 2018 Dean’s former solicitor Howard Day discovered amongst his files what he said was Dean’s will. Mr Day had signed this will on behalf of Dean. This will stated that Dean’s share of the farm be split equally between Dale and Venetia. 

Dale and his mother argued that the will was a forgery. Mr Day died before the issue could be settled.

In February 2020, a second older will on the same terms was found when a cat knocked over a pile of papers in Mr Day’s office. The second will was found only weeks before the case was due in court. This recently found will had a signature that was more “steady-handed” than the other document, which weakened the theory that they were forgeries. This will had identical terms to the previously found will.

Judge Teverson ruled in favour of the wills. In his judgement he stated “I am satisfied on the evidence before me that the will was signed in Dean’s presence and at his direction and that the witnesses understood that Dean was wanting Howard Day to sign on his behalf…Looking at the totality of the evidence before the court, I am satisfied Dean had understood what was in the will and did approve its contents.”

This case highlights the importance of not only making a will, but discussing with your loved ones the contents and whereabouts of that will.

If you would like information about disputing a will, contesting a will, probate disputes, or inheritance disputes, please contact our specialist contentious probate lawyers on 01902 424 927 and ask to speak to either Susan Ford, Liam Owen or Philippa Rowley, (our contentious probate specialists). Our team at George Green LLP are regarded as one of the Midlands' leading teams of will disputes and contentious probate solicitors.  

We offer a free initial free telephone consultation and we can often act for clients who want to dispute a will or commence an inheritance dispute/probate dispute on a no win no fee basis. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK as well as Birmingham who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.