Helen Ginger & Ors v Robert Mickleburgh & Ors

Helen Ginger & Ors v Robert Mickleburgh & Ors

The court found that at the time of giving instructions and executing his will, Michael Gwilliam was suffering from an insane delusion or disorder of the mind arising from a mental disease, which was fixed and incapable of contrary persuasion and had a causative effect on his testamentary dispositions, precluding him from properly considering the claims of his daughters. The will was therefore void for want of testamentary capacity. The claim of fraudulent calumny failed because, although Sheila and Joan made statements to Michael about his daughters, they genuinely believed them and were not reckless as to their truth.

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
26 January 2026
Procedural Posture
Probate Dispute / Judgment After Trial
Outcome
Will declared void for lack of testamentary capacity; deceased died intestate.
Legal Topics
Testamentary Capacity, Fraudulent Calumny, Intestacy, Banks V Goodfellow Test, Undue Influence
Probate Wills and Succession Mental Capacity Testamentary Capacity Fraudulent Calumny Intestacy Banks V Goodfellow Test Undue Influence

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 / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased, Michael Gwilliam, had testamentary capacity at the time of executing his will on 3 December 2014
  2. 2 Whether the will was procured by fraudulent calumny by Sheila Gwilliam and Joan Brooks

Ratio Decidendi

The court found that at the time of giving instructions and executing his will, Michael Gwilliam was suffering from an insane delusion or disorder of the mind arising from a mental disease, which was fixed and incapable of contrary persuasion and had a causative effect on his testamentary dispositions, precluding him from properly considering the claims of his daughters. The will was therefore void for want of testamentary capacity. The claim of fraudulent calumny failed because, although Sheila and Joan made statements to Michael about his daughters, they genuinely believed them and were not reckless as to their truth.

Court Disposition

Will declared void for lack of testamentary capacity; deceased died intestate.

Orders

  • Declaration that the will dated 3 December 2014 is void and of no effect.
  • Deceased's estate to be administered as on intestacy.