Re Estate of Bishop

This case involves an application for an order under section 14 of the Wills Act 2007, declaring a draft will valid as the last will of Desroe Mare Bishop. The application was made by Linda Bishop without notice to other parties, and the only party adversely affected by the making of an order is the deceased’s former partner, Ms Brightwell. Ms Brightwell is aware of the proceedings and has consented to the order sought. The deceased passed away on 5 September 2013, and his previous will was signed on 4 June 2002. A draft will was prepared in 2009 but was not signed by the deceased.

The legal issues the court was required to decide included whether the application could be dealt with without notice and whether the draft will expresses the deceased’s testamentary intentions under section 14(2) of the Wills Act 2007. The court considered the circumstances surrounding the draft will and the possibility of the deceased changing his mind after giving instructions for the will to be drafted. The court also considered the need for a change in the will following the deceased’s separation from Ms Brightwell, and the fact that the draft will makes provision for the deceased’s son, who was the only natural potential beneficiary.

The court found that the failure to sign the draft will was unlikely to indicate a change of mind on the part of the deceased, and the circumstances made it likely that the draft will continued to represent the testamentary intentions of the deceased until his death. The court also took into account the fact that Ms Brightwell, the sole beneficiary under the deceased’s existing will, had consented to the order sought. The court concluded that the draft will represented the deceased’s testamentary intentions, and an order was made declaring the draft will as the last will of the deceased.