Hello.

Could anyone comment on the following, please, as solicitors seem to be divided on the issue. If you can refer to a test case for the first scenario, that would be especially helpful.

“If a Will is destroyed with clear intent (it was), the estate will be handled as though the Will never existed, leading to one of two scenarios.

If the testator had a prior Will, that document would become the controlling document, assuming it has not also been revoked (they did, and it wasn’t). This provides a clear alternative and maintains the testator’s previously expressed wishes.

However, if no previous Will exists, the estate will be distributed according to intestacy rules, as if the person died without any Will.”

Thank you.