The High Court has ruled that the 2020 will of Honor Duncan McCulloch, who later lived at a nursing home in Bunclody, County Wexford, remained effective despite a codicil which mistakenly referred to her earlier 2015 will.
Ms McCulloch died on 7 February 2024 aged 91. She was unmarried and had no children or surviving parent.
Her 2015 will included a STG£100,000 charitable bequest. She made a new will on 10 February 2020 which revoked the earlier document and increased that charitable gift to STG£120,000. A detailed letter of wishes signed the same day also referred specifically to the higher amount.
In 2022, Ms McCulloch decided that Ian McCulloch and his wife should share equally with the other residuary beneficiaries. She instructed her solicitor to “even things out”. A codicil executed on 15 July 2022 changed the residue from three shares to four.
The problem was that the codicil described itself as a first codicil to the will dated 29 September 2015 and concluded by stating that in all other respects she confirmed “my Will”. If that wording revived the 2015 will, its general revocation clause could potentially have displaced the later 2020 will.
Ms Justice Stack held that this did not happen. Section 87 of the Succession Act 1965 requires a codicil to show an intention to revive a previously revoked will. Referring to an old will merely by date is not enough, and the general phrase confirming “my Will” added insufficient evidence of such an intention.
The surrounding circumstances also supported that conclusion. Nothing suggested Ms McCulloch intended to reduce the charitable gift back to STG£100,000. Her 2020 letter of wishes, which specifically referred to STG£120,000, was never amended.
The court therefore admitted the 2020 will and the codicil to probate, while excluding the mistaken words identifying the 2015 will.