High Court Rejects Daughter's Challenge to Elderly Man's Will

The High Court has rejected a daughter’s challenge to her elderly father’s final will, reinforcing the importance of professionally drafted wills and clear evidence of testamentary capacity. The decision provides helpful guidance for those concerned about will disputes, undue influence and capacity challenges.

Background to the Dispute

The deceased made his final will in March 2017, when he was aged 90. Following his death in 2021, his daughter lodged a caveat, preventing the grant of probate. The solicitor who had prepared the will, together with another partner in his firm, issued proceedings seeking pronouncement in solemn form, asking the Court to confirm the will’s validity.

The daughter counterclaimed, arguing that the 2017 will should be set aside. She contended that her father:

• lacked testamentary capacity;
• did not know and approve the contents of the will; and
• had been subjected to undue influence.

She sought instead to rely on an earlier will made in 2006, or alternatively to establish that her father had died intestate.

Key Differences Between the Wills

Both the 2006 and 2017 wills divided the residue of the estate equally between the daughter and her brother. However, the 2017 will made several changes:

• the appointment of the solicitors, rather than the children, as executors and trustees;
• the distribution of personal chattels through the executors rather than directly to the children; and
• the inclusion of £23,000 in legacies, including £10,000 to each of the son’s two children.

The daughter’s objections were closely linked to her wish to remain an executor and to continue living in her father’s home. By 2017, relations between the siblings had broken down, and the Court accepted that the father was aware of this.

Testamentary Capacity and Knowledge and Approval

The solicitor who drafted the 2017 will gave clear evidence that he had been in no doubt about the father’s capacity at the time the will was made. The Court found that this evidence was strongly supported by contemporaneous attendance notes, which showed that the father:

• understood the nature and effect of making a will;
• understood the extent and value of his estate; and
• was able to comprehend the claims of those who might reasonably expect to benefit.

The Court concluded that a proper assessment of all the evidence pointed clearly to the father having full testamentary capacity. The will was rational on its face, and the reasons for the changes from the 2006 will were coherent and understandable. The Court was also satisfied that he knew and approved its contents.

Undue Influence Claim Rejected

The Court found no evidence of undue influence. It accepted that the son had made a single request that his father consider the question of executorship, but described this as a suggestion or advice rather than persuasion. In any event, persuasion alone does not amount to undue influence.

Importantly, the Court noted that undue influence claims often involve a will that significantly disadvantages the person bringing the challenge. That was not the case here: the daughter was not excluded from the will, and her entitlement was not substantially reduced.

The Court therefore pronounced in favour of the 2017 will.

Q&A: Challenging a Will

What is testamentary capacity?

It is the legal ability to make a will, requiring an understanding of the act of making a will, the extent of the estate, and the claims of potential beneficiaries.

What does “knowledge and approval” mean?

It means the testator understood and approved the contents of the will they signed.

What amounts to undue influence?

Undue influence involves coercion that overpowers the testator’s free will. Mere advice, persuasion or suggestion is not enough.

Does advanced age invalidate a will?

No. Age alone does not affect capacity. What matters is the testator’s understanding at the time the will was made.

How can disputes over wills be avoided?

By instructing a qualified solicitor, keeping detailed attendance notes, and ensuring capacity is properly assessed and documented.

Contact Us

Will disputes can be distressing and complex, particularly where issues of capacity or family conflict arise. Our experienced Contentious Probate and Private Client solicitors advise on will drafting, estate planning and the defence or pursuit of inheritance disputes.

If you are concerned about the validity of a will or wish to minimise the risk of future challenges, contact Willett & Co Solicitors today for expert, practical advice.