A will must normally be made in writing to have legal effect, but there are exceptions to this rule. One is that a sailor can make a valid will orally when at sea. Recently, this rule was held by the court to apply in the case of a sailor who made an oral will whilst at the home of a relative, because the sailor was under orders to return to his ship when the will was made.
There was an unusual aspect to this case. The person to whom he confided his last wishes was his cousin. She would have stood to inherit his estate, which was valued at more than £1/2 million, had he not expressed his wish that it should pass to his aunt in its entirety. His aunt had become a ‘second Mum’ to the man, who had been largely cold-shouldered by most of the rest of his family.
The man’s cousin gave evidence that it was his aunt, not she, whom he wished to inherit his estate.
Conclusion:
The ability to make a verbal will only applies in very few circumstances and should never be relied upon.
In this case, the man's cousin "did the right Thing" in giving evidence. Sadly, this will not always be the case: it is always best to make sure that your Will is valid, kept safely and your relatives know where it can be found.
All our Wills are registered with Certainty, so that a simple online check can be made to locate a Will. The contents of the Will are not disclosed merely the name of the firm of solicitors where the Will is held.
