The High Court has upheld a 2016 codicil to a woman’s will, confirming that her family farm should pass to her two daughters and dismissing claims brought by her grandsons. The ruling provides a clear reminder of the evidential threshold for disputing wills and for establishing claims based on proprietary estoppel.

The deceased, who died in 2020 aged 96, had made a will in 2006 leaving the residue of her estate, including the family farm to her two daughters. In 2011 she executed a codicil leaving the farm to her grandsons. Five years later, in 2016, she changed her mind and made a further codicil revoking the 2011 document and reinstating the terms of the original will.

The grandsons issued proceedings seeking to set aside the 2016 codicil on several grounds, including lack of testamentary capacity, want of knowledge and approval, and undue influence. They also brought a proprietary estoppel claim, alleging that their grandmother had promised the farm to them and that they had relied on that promise to their detriment by working unpaid on the farm and foregoing alternative employment.

Court Confirms Testamentary Capacity and Valid Execution

The Court rejected the allegation that the grandmother lacked testamentary capacity in 2016. The solicitor who prepared the codicil had acted for her for nearly a decade. His detailed attendance notes referred to her capacity and recorded no concerns. The judge found there was “no reason whatsoever” for him to have taken instructions from someone he believed lacked capacity.

The Court also found that the grandmother clearly understood and approved the contents of the 2016 codicil. The solicitor’s notes revealed that she remained uneasy about the 2011 codicil and the perceived unfairness of giving her main asset solely to one branch of the family. By reverting to the 2006 will, she restored equality between her daughters.

The allegation of undue influence also failed. The Court held that there was “no evidence at all” of coercion or manipulation and that the decision to change her will was her own.

Proprietary Estoppel Claim Failed

Turning to proprietary estoppel, the Court held that the grandsons had not demonstrated any clear promise or assurance that the farm would be left to them. Even if such a promise had been made, the grandsons were unable to show:

• that they had relied on it; or
• that they had suffered detriment as a result.

The claim was therefore dismissed.

This decision reinforces the importance of contemporaneous solicitor attendance notes and the significant burden claimants face when challenging a will or codicil.

Q&A: Understanding the Decision

What is testamentary capacity?

A testator must understand the nature of making a will, the extent of their estate, and the claims of those who might expect to benefit. The Court found the grandmother met the required standard in 2016.

What is required to prove undue influence in a will dispute?

A claimant must show coercion, pressure or manipulation so strong that it overbears the testator’s free will. Mere persuasion or family discussions are insufficient. The Court found no evidence of undue influence in this case.

What is proprietary estoppel?

Proprietary estoppel allows a claimant to enforce a promise about property where they can show (1) a clear promise, (2) reliance on that promise, and (3) detriment suffered as a result.

Why did the proprietary estoppel claim fail here?

The Court found:

• no clear promise had been made;
• no reliable evidence that the grandsons relied on any such promise; and
• no proven detriment.

What lessons can families take from this case?

Clear, up-to-date wills, prepared with professional advice, reduce the risk of disputes. Solicitors’ attendance notes often play a decisive evidential role where capacity or influence is later challenged.

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If you or your family are facing a will dispute, inheritance claim or concerns about testamentary capacity, our specialist Private Client and Contentious Probate solicitors are here to help.

We provide clear, practical advice on will validity challenges, proprietary estoppel claims and all aspects of estate litigation.

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