Unexpected result for beneficiary who signed her brother's will

In the "peculiar, some might say extraordinary, circumstances of this case" (in the words of Mr Justice Vos), it was held in the case of Michael Barrett v Hanora Bem and Others that a testator's 2004 will was valid, despite the fact that it was signed by its main beneficiary on behalf of the testator. This results in the unexpected outcome at law whereby a beneficiary cannot witness a will (and if they do, they will not receive their inheritance under it), but on these facts can sign a will in place of the testator and go on to receive the benefit.

Explaining what he accepted at first blush might appear "a surprising, even alarming conclusion", the judge said that he was satisfied that the testator had intended to amend his will to benefit his sister, and approving of the will, directed his sister to sign it on his behalf as he was physically unable to do so due to failing health. Although the judge commented that it would have been by far preferable for a witness to sign the will, he reiterated the court's function in a probate case, which is to give effect, wherever possible, to the testamentary intentions of the deceased.

For further advice, please contact Anthony Morton-Hooper on +44 (0) 20 7440 7030 or by e-mail, or Mark Keenan on +44 (0) 20 7440 7129 or by e-mail.