Woolfson v Woolfson & Ors [2026] EWHC 613 (Ch) (20 March 2026)

Woolfson v Woolfson & Ors [2026] EWHC 613 (Ch) (20 March 2026)

The claimant's statements of case are incoherent, unparticularised, and disclose no reasonable grounds for challenging the validity of the Second June 2018 Will or for any other relief sought. The evidence establishes the formal and substantive validity of the Second June 2018 Will. There is no real prospect of the claimant succeeding on any pleaded ground, including lack of testamentary capacity, undue influence, lack of knowledge and approval, lack of legal compliance, breach of trust, estoppel, restitution, fraud or forgery. The claims against non-beneficiary defendants are also unsustainable. The defendants are entitled to strike out of the claim and summary judgment on the...

Citation
[2026] EWHC 613 (Ch)
Parties
Claimant: Karen Woolfson; First Defendant: Adrian Woolfson; Second Defendant: David Samuel Woolfson; Third Defendant: Gerald Woolfson; Fourth Defendant: Lynne Woolfson; Fifth Defendant: John Raymond Gavin; Sixth Defendant: Joseph Michael Charlaff; Seventh Defendant: Alexander Florey Woolfson; Eighth Defendant: Benjamin Brook
Jurisdiction
England and Wales
Judgment Date
20 March 2026
Procedural Posture
Probate/chancery / Strike Out and Summary Judgment Applications; Pre Trial Determination
Outcome
Claim struck out; summary judgment granted for defendants; Second June 2018 Will admitted to probate in solemn form; counterclaim succeeds.
Legal Topics
Validity of Wills, Testamentary Capacity, Undue Influence, Strike Out Applications, Summary Judgment, Breach of Trust, Estoppel, Restitution, Fraud, Forgery
Probate Trusts Property Civil Procedure Validity of Wills Testamentary Capacity Undue Influence Strike Out Applications +6 more

Case Brief

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Parties

Karen Woolfson

Claimant

Adrian Woolfson

First Defendant

David Samuel Woolfson

Second Defendant

Gerald Woolfson

Third Defendant

Lynne Woolfson

Fourth Defendant

John Raymond Gavin

Fifth Defendant

Joseph Michael Charlaff

Sixth Defendant

Alexander Florey Woolfson

Seventh Defendant

Benjamin Brook

Eighth Defendant

Procedural Posture

Probate/chancery / Strike Out and Summary Judgment Applications; Pre Trial Determination

Legal Issues

  1. 1 Whether the claimant's statements of case disclose any reasonable grounds for challenging the validity of the deceased's wills, particularly the Second June 2018 Will
  2. 2 Whether the claimant has pleaded or evidenced any sustainable claim of lack of testamentary capacity, undue influence, lack of knowledge and approval, lack of legal compliance, breach of trust, estoppel, restitution, fraud or forgery
  3. 3 Whether the claimant's claims against non-beneficiary defendants (Gerald, Lynne, Alexander) disclose any reasonable cause of action

Ratio Decidendi

The claimant's statements of case are incoherent, unparticularised, and disclose no reasonable grounds for challenging the validity of the Second June 2018 Will or for any other relief sought. The evidence establishes the formal and substantive validity of the Second June 2018 Will. There is no real prospect of the claimant succeeding on any pleaded ground, including lack of testamentary capacity, undue influence, lack of knowledge and approval, lack of legal compliance, breach of trust, estoppel, restitution, fraud or forgery. The claims against non-beneficiary defendants are also unsustainable. The defendants are entitled to strike out of the claim and summary judgment on the...

Court Disposition

Claim struck out; summary judgment granted for defendants; Second June 2018 Will admitted to probate in solemn form; counterclaim succeeds.

Orders

  • Claimant's claim struck out in its entirety under CPR 3.4(2) and/or summary judgment under CPR 24.3
  • Summary judgment granted on the counterclaim; Second June 2018 Will admitted to probate in solemn form