Contentious probate cases that have shaped UK law

Contentious probate cases in the UK have often involved complex family disputes, allegations of undue influence, and questions of testamentary capacity. Some of the most notable cases highlight the legal challenges surrounding wills and estates, often leading to landmark rulings.

One of the most significant cases is Ilott v The Blue Cross & Others (2017). This case involved a daughter, Heather Ilott, who was disinherited by her mother, Melita Jackson, in favour of several animal charities. The Supreme Court ultimately ruled that the mother’s wishes should largely be upheld, awarding only a modest provision to Ilott. This case set a precedent for the balance between testamentary freedom and the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to claim financial provision from an estate.

Another notable case is Gill v Woodall (2010), which revolved around issues of testamentary capacity and undue influence. An elderly farmer’s widow, Joan Gill, executed a will in favour of her solicitor, cutting out her daughter. The court found that the widow had been unduly influenced by her solicitor and lacked proper knowledge and approval of the will’s contents. This case reinforced the principle that wills must be made with full understanding and free from external pressure.

James v James (2018) highlighted issues of capacity and undue influence in a farming dispute. The father, a wealthy landowner, left his estate to one son, disinheriting his other children. The disinherited children challenged the will, arguing that their father lacked capacity and had been unduly influenced. The High Court upheld the will, emphasizing the need for clear evidence of coercion or incapacity.

A particularly high-profile case was Sharp v Hutchins (2015), where a man left his entire estate to his gardener, cutting out his family. The family challenged the will, alleging undue influence. However, the court upheld the will, reinforcing the principle that individuals have the right to distribute their assets as they see fit, provided they have the capacity and are not under duress.

These cases demonstrate the fine balance between testamentary freedom and legal protections against undue influence and unfair exclusion. They continue to shape probate litigation in the UK, reflecting the evolving judicial approach to family disputes and financial provision claims.

If you're involved in a contentious case and seeking expert advice, please don't hesitate to get in touch. You can reach me on 020 3649 0550, email either [email protected] or [email protected], or simply drop me a note here, on LinkedIn.