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England and Wales decisions
Decisions matching the current search
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.
Woolfson v Woolfson & Ors [2026] EWHC 613 (Ch) (20 March 2026)
The High Court struck out a probate and trust claim brought by Karen Woolfson and granted summary judgment for the defendants, admitting the Second June 2018 Will to probate.
Liebenthal v Liebenthal & Ors [2026] EWHC 213 (Ch) (13 February 2026)
Probate application for third-party disclosure from a Beth Din file was dismissed because the documents were not shown to be likely relevant or necessary.
Scott v Estate of Richard Norman Scott & Ors [2025] EWHC 2796 (Ch) (29 October 2025)
The High Court rejected Adam Scott’s proprietary estoppel and probate challenges, upheld the 2016 wills, and held that the disputed tenancies were not shams.
Grierson v Grierson [2024] EWHC 3048 (Ch) (27 November 2024)
Post-trial probate judgment awarding the claimant indemnity costs after the court held the judgment was at least as advantageous as his Part 36 offer.
Costs judgment in probate and trusts litigation: the claimant recovered indemnity costs, enhanced CPR 36.17 consequences, and a £160,000 payment on account.
The High Court held that Dr Jack Leonard lacked testamentary capacity when he signed his 2015 will and did not know and approve its contents.
The will of 15 July 2023 is regular on its face, appears duly executed, and the presumption of validity applies. There is insufficient evidence to rebut this presumption or to show lack of capacity or knowledge and approval. No special circumstances exist to justify overriding the executors' entitlement under section 116. Therefore, the executors named in the will are entitled to possession of the body and to arrange the funeral.
Source excerpt
Stanley had testamentary capacity when executing his 2020 will. The will was rational on its face, validly executed, and there was no evidence of any disorder of the mind affecting his decisions. The Banks v Goodfellow test remains the applicable standard, and the Mental Capacity Act 2005 does not displace it in probate cases. The 2020 will is admitted to probate, superseding all previous wills.
Source excerpt
Wood & Anor v Fleming [2024] EWHC 2398 (Ch) (13 August 2024)
The High Court held it had probate jurisdiction, refused Ms Fleming’s summary judgment and removal applications, continued a harassment injunction, and appointed an interim administrator.
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