Mr & Mrs Bailey both aged 71 passed away within months of each other in 2019 but they had no children. They both had a Will which was to leave everything to the survivor but no provisions were made in event of them both passing away.
Mrs B passed away first from cancer but then Mr B passed away unexpectedly from a heart attack without leaving clear instructions on who was to benefit after him passing.
There was however, a communication made by Mr B to his solicitor on what would happen next and who would be the potential executors to his estate but it was never legally written. There was a wish from the pair of them that their estate to be given to both sides of their family after they both passed away.
Mr & Mrs B had not future proofed their Will at the time of originally doing this with a solicitor 10 years prior to them passing, although they had agreed and understood that one of them would have to make a new one once the first had passed away.
Due to neither having a future proofed Will nor Mr B being able to make a new one the Intestacy Rules set by the government kicked in and their full estate fell to Mr B’s side of the family – his siblings and because one of his siblings passed away before him that particular share went to the deceased siblings children. Mrs B side of the family did not receive anything.
It had also come to light that Mrs B had also had made some death bed wishes – formally known as Donatio Mortis Causa. One of the main wishes was for Mr B to make a new Will, the others were clear that they were not to take place until after Mr B had passed away which included both sides of Mr & Mrs B’s family.
The court subsequently decided that none of the death bed wishes were to be met and despite what their intended wishes were the entire estate passed to Mr’s Family. Even though the court was sympathetic to their wishes, it’s hands were somewhat tied by the law.
A copy of the High Court Decision can be found within the below link:
[Davey & Anor v Bailey & Ors [2021] EWHC 445 (Ch) (26 February 2021) (bailii.org)](https://www.bailii.org/ew/cases/EWHC/Ch/2021/445.html)
