A recent Scottish court case has confirmed that finding a letter among someone’s personal papers after their death is not enough to change a Will. The decision reinforces an important message for anyone considering updating their Will: if you want your wishes to be legally effective, you must do it properly. Informal documents can create uncertainty, family disputes and expensive court action, often with no change to the final outcome.
Disputes over Wills often arise when a family member believes a deceased person intended to make changes but never completed them formally. In this recent case, a daughter argued that a copy letter found after her mother’s death should be treated as an amendment to the Will. The court disagreed.
This case echoes earlier warnings about informal attempts to change a Will, including a previous Pomphreys News article, “Don’t update your Will on the back of an envelope”. Together, these decisions underline why proper legal advice is essential when making changes to your estate planning.
The background to the dispute
The case involved two sisters and their late mother’s estate. The mother had made a formal Will in 2002. She died in 2023 without having updated it.
After her death, one daughter discovered a copy letter dated 2009 among her mother’s personal papers. The letter appeared to instruct solicitors to remove the other daughter from the Will. The original letter could not be found and the solicitors who held the Will confirmed they had never received it.
The daughter who found the letter asked the court to treat it as an informal amendment, known as a codicil, to the Will.
What the court had to decide
The key question for the court was whether this copy letter could legally change the Will.
To succeed, the daughter needed to show that:
- the letter was intended to have legal effect
- it was properly signed
- it represented the deceased’s settled and final wishes
This is a high legal threshold, particularly when a document is informal and discovered only after death.
Why the letter did not change the Will
The sheriff refused to treat the letter as a valid amendment. Several factors were critical:
- It looked like instructions, not a Will
The letter was written as guidance to a solicitor, not as a concluded statement of testamentary wishes. - The original letter was missing
Only a copy was found. There was no proof that the original had been signed, sent, or completed. - There were signs the document was incomplete
References to missing pages and a postscript created doubt about whether the document was ever finalised. - The deceased had many years to formalise the change
The letter was written 14 years before death. During that time, the Will was never updated, despite the deceased being described as careful and organised.
The court concluded that the most likely explanation was that the deceased changed her mind or decided not to proceed. The original Will therefore remained valid.
A familiar warning: informal changes rarely work
This decision closely mirrors an earlier Scottish case discussed in Pomphreys’ article “Don’t update your Will on the back of an envelope”. In that case, handwritten notes found with a Will were also rejected because they did not clearly demonstrate an intention to change it.
The courts have consistently taken the view that:
- intention must be clear
- formality matters
- ambiguity will not be resolved in favour of informal documents
Where there is doubt, the last properly executed Will will stand.
The real cost of getting it wrong
Cases like this highlight the practical consequences of informal estate planning:
- family conflict and damaged relationships
- lengthy and stressful court proceedings
- significant legal costs paid from the estate
- outcomes that may not reflect what anyone expected
In many cases, the dispute could have been avoided entirely with a short appointment to update the Will properly.
Why engage Pomphreys
Pomphreys regularly advises clients on:
- making and updating Wills
- avoiding disputes between beneficiaries
- ensuring changes are legally valid and effective
- protecting families from unnecessary uncertainty
Our approach is practical and preventative. We focus on ensuring your wishes are clear, enforceable and properly recorded so your loved ones are not left dealing with avoidable disputes after your death.
Thinking of changing or making a Will?
If you are considering changing your Will, or if it has been some time since you last reviewed it, now is the right time to act. A properly drafted Will or codicil provides certainty, peace of mind and protection for your family.
Contact Pomphreys today to arrange a confidential discussion with our private client team.
Frequently Asked Questions
Can a letter or note change my Will in Scotland?
Usually, no. Informal documents are rarely effective unless they clearly meet strict legal requirements and demonstrate a definite intention to change the Will.
What is a codicil?
A codicil is a formal document that amends an existing Will. It must be properly drafted and signed to be legally valid.
What happens if someone finds a document after death claiming to change the Will?
It may lead to a court dispute, but the court will only give it effect if strict legal tests are met. Most informal documents fail.
Why do courts prefer formal Wills?
Formal Wills provide clarity and certainty. Courts are reluctant to speculate about intentions based on incomplete or ambiguous documents.
How often should I review my Will?
You should review your Will after major life events such as family disputes, births, deaths, marriage, divorce or significant changes in assets.
This article is by Joe Rowan
Joe Rowan, Assistant Solicitor
Joe Rowan is an Assistant Solicitor at Pomphreys, Solicitors, Wishaw, based in our Kenilworth Avenue office. After years as a legal advisor with a football club, Joe decided it was time to get back into mainstream law, preferably in a conveyancing or private client role, areas of law he’s always enjoyed. Happily, for Joe, such a position became available at Pomphreys around the same time, and he was delighted to become part of the firm.
Tel: 01698 373365
Email: jr@pomphreyslaw.com
