How is destruction of wills viewed in the eyes of the courts?
In the case of Elms v Elms (1858) 1 Sw & Tr 155; 164 ER 672, the testator intended to make a new will exclusively benefiting the principal beneficiary under his existing will. The testator then began drinking and ‘almost consuming a pint of brandy’ and afterwards the testator began to tear the will into two, however before the testator could carry out the act of tearing the will in two he was stopped by a friend.
The testator never made another will and when he died the partly torn will was found among the testators papers.
The court accepted the testators intention was to revoke the will, however the failure to destroy the will, i.e. tear it into two pieces failed to satisfy section 20 of the Wills Act 1837 and therefore the will was still held to be valid.
