April 29, 2026
Ms Khatun challenged a will purportedly executed by her late father leaving his entire estate to Mr Hasan, whom she barely knew. The High Court found suspicious circumstances surrounding the will's execution and held the defendants failed to prove its authenticity, pronouncing against it. Facts Mr Monir Jaman Shaikh, a...
April 29, 2026
Julie Mate spent years working with a planning consultant to remove her family's farmland from the Green Belt, securing housing allocation that led to a £9 million sale to Persimmon. Her proprietary estoppel claim failed due to insufficiently clear promises, but she succeeded in unjust enrichment, recovering £652,500. Facts The...
April 29, 2026
Lucy Habberfield worked on her family's dairy farm for 30 years on assurances she would inherit it. After rejecting a 2008 partnership offer and leaving in 2013, she successfully claimed proprietary estoppel. The Court of Appeal upheld her £1.17m award. Facts Lucy Habberfield worked full-time on her parents’ dairy farm...
April 29, 2026
Eirian Davies worked on her parents' farm over many years on the strength of various assurances about inheriting the farm and business. The Court of Appeal reduced her proprietary estoppel award from £1.3 million to £500,000, emphasising proportionality between remedy and detriment. Facts Mr and Mrs Davies are dairy farmers...
April 29, 2026
Two adult daughters claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 from their late father's estate, which passed mainly to his second wife. The High Court dismissed their claims, finding no failure to make reasonable provision for maintenance. Facts The claimants, Juliet Miles and...
April 29, 2026
Mrs Cowan, widow of a wealthy deceased, sought permission to bring an Inheritance Act 1975 claim out of time after negotiations with trustees failed. The Court of Appeal overturned the refusal, granting permission and clarifying the proper approach to section 4 extensions. Facts Mrs Mary Cowan was the widow of...
April 29, 2026
A testator's will left his house Briardale to his wife for life, then to his son. She predeceased him, creating ambiguity about whether the son inherited. The court held the son took Briardale directly, with rectification available as an alternative. Facts The Testator, Alan George Bracey, died on 27 May...
April 29, 2026
David Whittle successfully challenged his father Gerald's will, which favoured his sister and her partner. The High Court found the sister had poisoned their father's mind with false allegations, establishing fraudulent calumny and undue influence, and pronounced against the will. Facts Gerald Whittle died on 7 December 2016 aged 92,...
April 28, 2026
The deceased's 2010 will erroneously divided his residue between 10 beneficiaries equally instead of six shares among siblings with one share split between his late sister's five children. The court rectified the will under section 20(1)(a) of the Administration of Justice Act 1982, granting permission out of time. Facts Patrick...
April 28, 2026
Stanley, a 91-year-old with dementia, made six wills in his final decade, repeatedly changing beneficiaries. His executors sought probate of his 2020 will. The defendant objected citing capacity concerns but compromised at trial. The judgment examines the relationship between Banks v Goodfellow and the Mental Capacity Act 2005. Facts Stanley,...
April 28, 2026
Martin Lavin died in hospital hours after a disputed will was produced leaving everything to his sister Anne, who allegedly signed it. The Court of Appeal held the will invalid, requiring positive communication by a testator to direct another to sign. Facts Martin Lavin died in hospital on 11 January...
April 28, 2026
Jane Oliver challenged her late father William's 2015 will, which disinherited four of five children in favour of her brother Rodney. The court found William lacked testamentary capacity and was unduly influenced by Rodney, admitting the 2009 will to probate instead. Facts William Oliver died on 25 May 2018, aged...
April 28, 2026
Jessica Schrader's 2006 will left her house solely to son Nick, disinheriting Bill from its value. Bill challenged the will. Mann J upheld capacity and knowledge/approval but found undue influence, pronouncing against the 2006 will in favour of the 1990 will. Facts Jessica Schrader died aged 98 in January 2008....
April 28, 2026
A 78-year-old terminally ill man made a deathbed will leaving his entire £4m estate to his partner of 32 years, whom he married hours later, excluding his daughters. The court upheld the will, rejecting challenges based on want of knowledge and approval and undue influence. Facts George Wharton, aged 78...
April 28, 2026
An elderly widow changed her will shortly before death, leaving everything to one son and excluding another son and grandson. The High Court found the new will was procured by undue influence and fraudulent calumny, and pronounced against it in favour of the earlier 1990 will. Facts Mrs Winifred Victoria...
April 28, 2026
The Court of Appeal dismissed Julia's appeal against a ruling invalidating her mother's 2007 will, which had cut out her brother Peter from the residuary estate. Whilst doubting the lack of testamentary capacity finding, the court upheld want of knowledge and approval. Facts The deceased, Daphne Burgess, died in May...
April 28, 2026
Dr Jack Leonard's children challenged his 2015 will, made without professional legal supervision by a tax adviser, which favoured his second wife's family over his own. The court found he lacked testamentary capacity due to dementia and pronounced against the 2015 will, admitting the 2007 will to probate. Facts Dr...
April 28, 2026
The House of Lords addressed the standard of proof in care proceedings under section 31(2) of the Children Act 1989. It reaffirmed that facts must be proved on the simple balance of probabilities, rejecting any 'heightened' civil standard, and that unproven allegations cannot ground findings of likely future harm. Facts...
April 28, 2026
The Court of Appeal considered whether an elderly testator with moderately severe dementia had testamentary capacity to execute a 2016 will changing bequests following his son's suicide. The Court allowed the appeal, finding the judge had given insufficient weight to the drafting solicitor's and GP's evidence. Facts The Deceased, Evan...
April 28, 2026
A probate dispute between siblings over their mother's wills. The High Court upheld the Deputy Master's finding that the testatrix lacked capacity due to an affective disorder and insane delusions about her daughter, confirming that the Banks v Goodfellow test, not the Mental Capacity Act 2005, governs testamentary capacity. Facts...
April 28, 2026
Mr Adam, suffering from severe multiple sclerosis, executed a 2001 will disinheriting his daughters in favour of long-serving employees. The Court of Appeal upheld the finding that he lacked testamentary capacity, as disease had poisoned his natural affections despite preserved cognitive understanding. Facts Mr Neil Adam, a former veterinary surgeon...
April 28, 2026
An 89-year-old widower made a new will a week after his wife's 65-year marriage ended in her death, radically favouring his daughters over his sons. The court held he lacked testamentary capacity due to bereavement-induced affective disorder combined with mild cognitive impairment. Facts George Douglas Key, a Norfolk farmer, died...
April 28, 2026
Peter Fuld, a wealthy German-born man with complex international ties, died leaving a will and four codicils. Scarman J held him domiciled in Germany, admitted only the will and first codicil to probate, and established important principles on domicile, choice of law and burden of proof in probate. Facts Peter...
April 28, 2026
A testator's 2014 will left his farm outright to one son, Richard, contrary to earlier instructions giving all four sons shares. The court found the testator lacked knowledge and approval of this change and ordered words omitted from probate to reflect his true intentions. Facts The testator, John Williams, died...
April 28, 2026
Mrs Gill left her £1m farm to the RSPCA, disinheriting her only daughter. The Court of Appeal revoked probate, finding Mrs Gill's severe agoraphobia meant she did not know or approve of the will's contents when executed at her solicitor's office. Facts Mrs Joyce Gill and her husband John Gill...
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive
May 1, 2026
National Case Law Archive