Will invalid as Beneficiary guided testator's hand

The Will executed by Martin Lavin on his deathbed has been declared invalid by the England & Wales Court of Appeal, as his hand was guided by the sole beneficiary - his sister Anne, in order to make the signature.

The accounts of the circumstances of the signing of the Will by Mr Lavin in his hospital bed in 2004 were somewhat disputed, but taking advice from handwriting experts, the court ruled that Mr Lavin could not have made the signature without some form of assistance. The High Court judge who had heard the case previously ruled that Anne had "stepped in, took the pen, and signed the 2004 Will on Martin's behalf", disputed the claim that she merely held his hand steady while he signed the Will himself.

The court considered whether Anne could have been deemed to have signed the Will at her brother's direction, which would have been permitted under s.9 of the Wills Act 1837, but it was decided that the lack of "positive and discernible communication" by the testator made line of judgment impossible. As such, the Will was deemed to be improperly executed and an earlier Will is to be enforced instead.

If you live in Northern Ireland and would like to receive information about making a Will contact Wilson Nesbitt solicitors in Belfast or Bangor by calling 0800 840 9293.

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