When we make wills for our clients, we always offer to store the original in our strongroom.  The client receives a copy and is reassured that the original document is safe and will be neither lost nor destroyed.  This is particularly important as there is no compulsory register of wills in this country.

In a recent case, the issue focused on whether Mr Bertrand Theodoor Ciebrant, had made a will or whether he had died ‘intestate’ i.e. without making a will.  Mr Ciebrant was a wealthy man.  He lived in London and was estranged from his wife and daughter who remained in Holland. 

Following Mr Ciebrant’s death, his daughter travelled to London and searched through his papers.  She claimed that there was no will and that her father had died intestate.  Under the complex intestacy rules, his estate would be divided between his wife and daughter. 

Two neighbours, however, had helped the daughter to sort out and translate her late father’s papers.  They both recalled seeing Mr Ciebrant’s original will and told the court that the will had left the entire estate to charities.  Mr Ciebrant’s solicitor also recalled preparing the will over thirty years before.

The court concluded that it was highly improbable that the solicitor and both neighbours would allege the existence of the will particularly as none of them had any personal interest in the outcome. In the circumstances, the court held that – even though no copy of the will could be found – Mr Ciebrant had made a will and this was in favour of the charities.

This case highlights the importance of ensuring that the original will is stored safely to avoid the possibility of future loss or damage.  It also emphasises how essential it can be to prepare a will.  Had Mr Ciebrant not made a Will, he would have died intestate and his estate would have passed to the estranged wife and daughter he had hardly seen for over thirty years and who had already received his property in Holland.  Making a will – and keeping it up to date – ensures that your estate is left to those you want to benefit.

For advice, or to arrange an appointment, please contact our Wills, Probate and Trusts department on 01639 645061