A Will can be beautifully drafted, express exactly what someone wants, and still end up at the centre of a legal dispute if there are concerns about how it was signed.

A fascinating case involving the Patel family is a powerful reminder that, when it comes to Wills, the circumstances surrounding the signing can matter just as much as the words on the page. And, rather surprisingly, one of the clues examined by the court was the ink used on the document.

The Patel case

In Patel v Patel [2017] EWHC 133 (Ch), the High Court was asked to decide whether a purported Will made in 2005 was genuine. The Will would have had a significant effect on the deceased's estate, as it named one son as sole executor and beneficiary, replacing an earlier Will under which another son benefited. The circumstances surrounding the alleged signing were challenged.

What followed was a detailed examination of the evidence, including the testimony of those who said they had witnessed the Will being signed, the circumstances in which the document had supposedly been prepared and, importantly, forensic examination of the document itself.

The court ultimately concluded that the 2005 Will was a forgery. Among the evidence considered was expert analysis indicating that the deceased's signature pre-dated the signatures of the witnesses. There was also evidence of impressions from other signatures on the document and evidence concerning pre-signed blank papers.

The court found that the explanation given for how the Will had been created and signed was not credible.

So, was it simply because different pens were used?

No. This is an important point. There is no rule in England and Wales saying that everyone signing a Will must use the same pen or that using different coloured ink automatically makes a Will invalid.

The legal requirement is about proper execution, not pen colour. Under section 9 of the Wills Act 1837, the testator must sign (or acknowledge their signature) in the presence of two witnesses who are present at the same time. The witnesses must then attest and sign the Will in the testator's presence.

However, the Patel case demonstrates why unusual features on a Will can become important.

If a Will appears to have been signed by different people using different pens, that might prompt questions about when and where the signatures were actually added.

On its own, that doesn't prove anything.

But if it forms part of a wider pattern of inconsistencies or suspicious circumstances, it can become significant evidence. And that is exactly why the case is so interesting for anyone involved in estate planning.

The signing matters

It is very easy to think that once the Will has been drafted and the testator has signed it, the job is done.

It isn't.

The execution of a Will is a formal legal process. The testator needs to sign or acknowledge their signature in the presence of both witnesses. The witnesses then need to sign in the testator's presence. It is therefore important that everyone understands what they are doing and that the signing takes place correctly. This isn't simply about getting two people to put their signatures on the last page. It is about creating a clear and reliable record that the legal requirements have been followed.

Why professional guidance can make a difference

At BTWC Estate Planning, we regularly see how much importance can ultimately be placed on what may seem like small details.

Who was present?

Where was the Will signed?

Did everyone sign at the same time?

Did the witnesses actually see the testator sign?

Was the testator clearly intending to execute their Will?

Were there any unusual circumstances surrounding the signing?

These questions may seem straightforward at the time. Years later, however, the people involved may no longer be available to explain what happened. That is when the evidence surrounding the signing can become extremely important.

The bigger lesson

The Patel case isn't really a story about pens. It's a story about evidence, procedure and the importance of getting the details right.

A Will is one of the most important documents a person will ever sign. It determines what happens to their assets and can have consequences for the people they leave behind for generations. So while using a different pen isn't going to automatically invalidate your Will, taking shortcuts with the signing process can create unnecessary uncertainty. And when a family is already dealing with bereavement, the last thing they need is a dispute over whether the Will was properly executed.

Our advice

If you client is is making a Will, don't just think about what the Will says.

Think about how it is going to be signed, witnessed and stored too.

At BTWC Estate Planning, we take the execution of your clients Will seriously because getting the detail right today can help prevent questions and disputes tomorrow.