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England and Wales Case Law

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Civil procedure

Julie Marie Croll v The Estate of Margaret Mary Thorpe & Ors

The High Court dismissed a strike-out and summary judgment application in a probate dispute over whether a 2021 will was valid and whether earlier Court of Protection findings bound the estate.

  • Strike out
  • Summary judgment
  • Issue estoppel
  • Court of protection jurisdiction
  • Testamentary capacity
  • Validity of a will
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Probate [2026] EWHC 1142 (Ch)

MacDougall v Lloyd Philip Thomas & Ors

MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch) (21 May 2026)

High Court probate dispute over Jeanne MacDougall’s 2011 will, capacity, undue influence, ademption, proprietary estoppel, and alleged attorney breaches under an LPA.

  • Validity of wills
  • Testamentary capacity
  • Undue influence
  • Ademption
  • Attorney duties under lpa
  • Proprietary estoppel
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Probate

Gary Alexander MacDougall v Lloyd Philip Thomas & Ors

The court upheld Jeanne MacDougall’s 2011 will and 2013 codicil, rejected a proprietary estoppel claim, and addressed capacity, undue influence, ademption, and attorney breaches.

  • Testamentary capacity
  • Knowledge and approval
  • Testamentary undue influence
  • Lifetime gifts—undue influence
  • Attorney's duties under lpa
  • Ademption
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Probate [2026] EWHC 1141 (Ch)

Woolls v Byrtt

Woolls v Byrtt [2026] EWHC 1141 (Ch) (11 May 2026)

The High Court refused to remove a daughter as executor, finding the alleged conflicts were impliedly authorised and the proposed claims were weak or disproportionate.

  • Removal of executor
  • Conflict of interest
  • Undue influence
  • Double portion
  • Estate administration
  • Executor-removal
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Probate

Martin John Woolls v Lisa Ann Byrtt

The High Court refused to remove a sole executor under section 50, finding the alleged conflicts and claims were mostly speculative, minor, or disproportionate.

  • Removal of executor
  • Conflict of interest
  • Undue influence
  • Double portion rule
  • Administration of estates
  • Removal-of-executor
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Succession law

Peter Wilkinson v Jacqueline Ann Kirkham & Ors

The High Court construed a will clause giving residue to “the daughter of Lily Mason” and held the gift referred to Lily Mason’s two daughters in equal shares.

  • Construction of wills
  • Ambiguity in wills
  • Intestacy
  • Extrinsic evidence
  • Mistake in enumeration of legatees
  • Will-construction
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Probate

Richard Wood & Ors v Sophie Fleming

The High Court found Sophie Fleming in contempt for breaching anti-harassment injunctions by failing to remove and continuing to publish posts alleging fraud and misconduct.

  • Breach of injunction
  • Harassment
  • Service of process
  • Sentencing for contempt
  • Jurisdictional challenge
  • Contempt-of-court
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Probate

Nicola Anne Lowe v Lucy Daniells

The court declined to decide the disclaimer issue due to absence of substitute legatees as parties and insufficient evidence, but granted liberty to the claimant to distribute the residue on the footing that the defendant has disclaimed, protecting the claimant from liability.

  • Disclaimer of gift
  • Administration of estate
  • Personal representative liability
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Probate

William Quentin Godwin v Jason Peter Godwin

High Court decision on the disposal of Michael Godwin’s body. The court ordered burial in England, not cremation or burial in France, and appointed the Claimant as administrator limited to burial arrangements.

  • Disposal of deceased's body
  • Appointment of administrator
  • Funeral arrangements
  • Section 116 senior courts act 1981
  • Disposal-of-deceased-body
  • Probate-disputes
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.