Ginger & Ors v Mickleburgh & Ors [2026] EWHC 100 (Ch) (23 January 2026)

Ginger & Ors v Mickleburgh & Ors [2026] EWHC 100 (Ch) (23 January 2026)

Michael Gwilliam lacked testamentary capacity at the time of executing the 2014 will due to persistent delusional disorder and cognitive impairment, and the will was procured by fraudulent calumny by Sheila Gwilliam and Joan Brooks, rendering the will invalid.

Citation
[2026] EWHC 100 (Ch)
Parties
Claimant: Helen Ginger; Claimant: Georgina Charles; Claimant: Emily Gwilliam; Claimant: Caroline Gwilliam; Defendant: Robert Mickleburgh; Defendant: Sheila Gwilliam; Defendant: Joan Brooks
Jurisdiction
England and Wales
Judgment Date
23 January 2026
Procedural Posture
Probate Dispute / Final Judgment
Outcome
Will of 3 December 2014 declared invalid; deceased died intestate.
Legal Topics
Testamentary Capacity, Fraudulent Calumny, Validity of Will, Intestacy, Mental Health and Testamentary Disposition
Probate Property Law Trusts Testamentary Capacity Fraudulent Calumny Validity of Will Intestacy Mental Health and Testamentary Disposition

Case Brief

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Parties

Helen Ginger

Claimant

Georgina Charles

Claimant

Emily Gwilliam

Claimant

Caroline Gwilliam

Claimant

Robert Mickleburgh

Defendant

Sheila Gwilliam

Defendant

Joan Brooks

Defendant

Procedural Posture

Probate Dispute / Final Judgment

Legal Issues

  1. 1 Whether the deceased, Michael Gwilliam, had testamentary capacity at the time of executing the 2014 will
  2. 2 Whether the will was procured by fraudulent calumny by Sheila Gwilliam and Joan Brooks
  3. 3 Whether the deceased acted under delusions affecting the disposition of his estate

Ratio Decidendi

Michael Gwilliam lacked testamentary capacity at the time of executing the 2014 will due to persistent delusional disorder and cognitive impairment, and the will was procured by fraudulent calumny by Sheila Gwilliam and Joan Brooks, rendering the will invalid.

Court Disposition

Will of 3 December 2014 declared invalid; deceased died intestate.

Orders

  • Probate refused for the 2014 will
  • Estate to be distributed according to intestacy rules