High Court Contested Will Case Highlights Dangers of Improperly Prepared Paperwork (29 July 2026)

A Court victory for Duncan Lewis Solicitors' Contentious Probate team has highlighted the importance of ensuring wills are properly prepared and executed, demonstrating how even seemingly minor errors can put an estate at risk.

The team successfully defended a complex probate claim following a three-day trial at the Central London County Court securing a ruling that upheld the deceased's true testamentary wishes and prevented an estate worth more than £460,000 from passing under the rules of intestacy – i.e. distributed by the state.

Case Background

The proceedings concerned the estate of the deceased, who died in 2023. Probate had been granted on the basis of a will executed in 2022, under which the Defendants were appointed as personal representatives. The estate was valued at approximately £460,600.

Under the terms of the 2022 will, the Claimants, who were also children of the deceased, were left legacies totalling £45,000, with the remainder of the estate, worth approximately £415,000, passing equally to the Defendants.

The Claimants challenged the validity of the 2022 will, arguing that it had not been executed in accordance with the formal requirements of section 9 of the Wills Act 1837.

A significant challenge

During the proceedings, it became clear that the 2022 will had not been validly executed. The Defendants accepted that the document could not be relied upon, creating a real possibility that the estate would instead be distributed under the rules of intestacy.

However, the Duncan Lewis team identified an earlier will prepared in 2020. Although it reflected substantially the same testamentary wishes, it had previously been dismissed because it was undated and one witness had signed using a different coloured ink from the deceased.

Rather than accepting that the estate should pass on intestacy, the Defendants argued that the 2020 will had been wrongly disregarded and satisfied the legal requirements for a valid will. The central issue before the Court was whether the undated will complied with section 9 of the Wills Act 1837.

The matter proceeded to trial, with six witnesses giving evidence and the circumstances surrounding the execution of the will being strongly contested.

Judgment

The Court found in favour of the Defendants.

After considering the witness evidence and surrounding circumstances, the Judge concluded that the 2020 will had been validly executed in accordance with section 9 of the Wills Act 1837. The Claimants' challenge was dismissed, preserving the deceased's intended testamentary arrangements.

The Court also ordered the Claimants to pay the Defendants' legal costs.

Preserving the deceased's wishes

The case presented significant evidential and legal challenges. Once it was accepted that probate had been granted on the basis of an invalid 2022 will, the prospect of the estate passing under the rules of intestacy appeared increasingly likely.

Through detailed investigation and careful analysis of the evidence, the Duncan Lewis team successfully established the validity of the earlier 2020 will, ensuring the deceased's wishes were ultimately upheld despite the failure of the later will.

The matter was led by Caroline Roche and Frank Oppong, Property Litigation Solicitor, who advises on contentious probate disputes. Duncan Lewis also thanks Seamus Kearney of Lamb Building Chambers for his outstanding advocacy throughout the proceedings, which culminated in a successful outcome for the Defendants following trial.

About Caroline Roche

Caroline Roche is a Director of Wills and Probate at Duncan Lewis Solicitors, with a proven track record in successfully resolving complex contentious probate claims. Her expertise spans Will disputes, trust disputes, claims under the Inheritance (Provision for Family and Dependants) Act 1975, proprietary estoppel, constructive and resulting trusts, and TOLATA claims.

About Frank Oppong

Frank Oppong is a Solicitor in the Civil Litigation department at Duncan Lewis, bringing valuable expertise in contested probate and property disputes to the team. His involvement in this matter reflects his broader practice advising and representing clients across a wide range of contentious areas, including TOLATA claims and professional negligence.

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is a top-ranked, award-winning firm listed among the Times' leading law firms and highly rated by both Chambers & Partners and The Legal 500. The firm's Contentious Probate team advises on the full range of estate and inheritance disputes, including Will validity challenges, Inheritance Act claims, executor disputes, trust disputes and TOLATA proceedings. With a strong record of success in complex, high-value litigation, the team is well equipped to handle even the most challenging probate matters through to trial.