Contentious Probate Trial Success: DIY Will Declared Invalid Following Trial (27 February 2026)

The court ruled that the will was invalid because the person who made it may not have the necessary mental capacity to properly understand or approve its contents.

Our Wills and Probate team were instructed in the complex contentious probate matter by the client, based in St Lucia, who approached Duncan Lewis with serious concerns about the circumstances surrounding her late mother's will.

The DIY document purported to leave the entire estate to one of three children, effectively disinheriting our client and her brother. Our client had grave concerns not only about her mother's capacity at the time the will was made, but also about the level of her sister's involvement in its preparation.

The document itself raised immediate red flags. It contained multiple errors and appeared to consist of two entirely separate documents that had been merged together, casting serious doubt over its authenticity and validity.

Approach

Our team conducted a thorough and detailed investigation into the matter. A key step was obtaining and reviewing the deceased's medical records, which revealed that she had been experiencing significant cognitive difficulties and had been suffering from moderate dementia for a considerable period prior to the will being made. This evidence was pivotal in building a strong case on behalf of our client.

Every effort was made to resolve the dispute without the need for litigation. However, the opposing party consistently refused to engage meaningfully, leaving our client with no option but to issue proceedings.

The Trial

The matter proceeded to trial at the Central London County Court. Our client participated in the hearing via a remote link from her home in St Lucia. Despite the opponent attending the hearing, her failure to file a defence meant she was unable to introduce any new evidence before the Court.

The Judge found entirely in our client's favour on both grounds, concluding that the deceased had lacked testamentary capacity at the time the will was made and that she had not had the requisite knowledge and approval of its contents. As a result, the will was declared invalid.

Our client was awarded her full legal costs, with the Judge specifically noting that the costs incurred throughout the proceedings were entirely reasonable and proportionate.

A Note on the Human Impact

Beyond the legal result, this case represented something deeply personal for our client. After a lengthy and emotionally challenging battle, she was finally able to ensure that the truth prevailed and that her mother's legacy, that of a loving mother who cared for all three of her children equally, was properly and justly recognised. This matter was handled by Caroline Roche, Director & Solicitor at Duncan Lewis, with the assistance of Paige Evans, Solicitor at Duncan Lewis.

About Caroline Roche

Caroline Roche is a Director and Solicitor at Duncan Lewis, specialising in Wills and Probate, and Contentious Probate. She has a proven track record across a broad range of contentious probate matters and holds memberships with both the Society of Trusts and Equity Practitioners and the Association of Contentious Trust and Probate Specialists (ACTAPS). Caroline is fluent in French, Spanish, and Italian, enabling her to effectively support clients from a wide range of backgrounds.

About Paige Evans

Paige Evans is a Solicitor in the Commercial and Civil Litigation department at Duncan Lewis, where she works alongside the Litigation Director on a broad range of disputes for both individuals and businesses. Her experience includes breach of contract, debt recovery  and cross-border litigation. Paige acts for both claimants and defendants and is committed to achieving the best possible outcome for her clients.

How Duncan Lewis Can Help

If you have concerns about the validity of a will, whether due to questions of testamentary capacity, undue influence, lack of knowledge and approval, or the circumstances in which it was prepared, Duncan Lewis's specialist Contentious Probate team can advise you.

We act for clients across England and Wales as well as internationally, and offer expert guidance through what can often be a complex and emotionally difficult process.

To speak with a member of our Contentious Probate team, please contact us on 033 3772 0409 or complete our online enquiry form.