Jurisdiction(s):
United Kingdom

Presence means simultaneous line of sight: pandemic garden witnessing invalidated-In the Estate of Kathleen Coady, Wills Act 1837 s 9 (England and Wales)

Published on: 03 October 2025

Published by a LexisNexis Private Client expert

Legal News

Article summary

This was a first‑instance ruling by a district judge, carrying no binding authority. Even so, it makes for a noteworthy read, transporting us back to the pandemic’s outset, when we wrestled with how to execute Wills while keeping socially distant-a period when keeping 2 metres apart and wiping down pens (and, truthfully, in my own home, sanitising the shopping) preoccupied us, for many of us across everyday life back then.

The facts

The deceased, Kathleen Bernadette Coady, passed away on 18 November 2022. The challenged Will, dated 25 April 2020, named one son (the defendant, Gerard) as sole executor and gifted him the residue, with a memorandum setting out why the other children were left out. An earlier Will, dated 31 March 2017, appointed another son (the Claimant, Peter) as executor, provided a number of legacies for children and grandchildren, and left the residue to him. The net estate was modest, put at about £191,756. Proceedings were started by Peter in February 2023, first contending the 2020 Will was invalid for want of testamentary capacity, lack of knowledge and approval, and on the basis it had been procured by undue influence and fraud. After a series of interim tussles, the...

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