Finding yourself involved in a claim against a relative’s estate can be costly and distressing, especially if the claim is weak from the start. Legal proceedings (and significant costs) can often be avoided if an individual discusses matters with an expert before embarking upon legal action.
Sometimes, a claimant may be advised that their case has little substance but presses on regardless - only to have it rejected by the judge at significant time and financial cost to all involved. The recent case of Woolfson v Woolfson & ors [2026] EWHC 613 (Ch) is a cautionary lesson for anyone intending to dispute a Will in circumstances where a claim has little if any merit.
If you are considering disputing a Will, take advice from contentious probate solicitors as early as you can. If you are defending a weak claim, we can help you vigorously defend it with a view to bringing it to a swift conclusion.
What happened in Woolfson?
Mrs Banks died in January 2024 leaving three adult children. Her daughter, Karen Woolfson, lodged a caveat to ‘pause’ the administration of the estate. She and her mother had been estranged since around 2009.
Mrs Banks’ final Will was made on 11 June 2018 leaving Karen a fraction of the estate. She had also made several earlier Wills, including a 2016 Will which Karen alleged was fabricated.
Karen, who represented herself, asked the court for a declaration that the 2018, 2016 and all 14 Wills and codicils after 2006 were invalid on various grounds including want of knowledge and approval. She also sought an order for disclosure of several other Wills and Codicils, arguing that they had been used to intimidate or coerce her mother.
Karen also claimed that her mother had dementia and had lost cognitive ability long before 2018 and alleged various wrongdoings against other individuals, including undue influence, fraud, lying and forgery. Her claims did not end there; further allegations included breach of trust and unjust enrichment.
“Hopeless” case
The starting point in claims surrounding a Will challenge is to consider the first presumption the court will make in this type of claim: where a Will was prepared by a solicitor and properly executed, and it was read over to the person making the Will, the court will presume that the individual knew of and approved its contents. Similarly, there is a presumption that they had capacity to make a Will.
This meant Karen needed to raise sufficient doubts to rebut those presumptions. She failed and the judge consequently rejected her claims.
The judge noted her plea on the basis of want of knowledge and approval was “hopeless” and she had failed to engage with the legal test for testamentary capacity, both in her “incoherent” claim and her subsequent response documents.
Furthermore, the fact that Mrs Banks had made around 14 Wills and other testamentary documents after 2006 did not indicate a lack of testamentary capacity as Karen suggested. On the contrary, many private client solicitors had been involved with Mrs Banks during this period. This – together with the medical evidence - rendered Karen’s suggestion that she lacked capacity “fanciful”.
The judge also observed that if Karen’s allegations of fraud, forgery or lying were true, “…it would have to be concluded that there was a widespread and long-lasting fraudulent conspiracy…” involving several defendants and numerous lawyers.
Karen’s claim was struck out entirely. None of her claims were properly pleaded or had any real prospect of success and there was no compelling reason why the defendants should have to defend themselves against Karen at a trial. Summary judgment was given, enabling the 2018 Will to be admitted to probate.
What does this mean?
It is important to take legal advice from experienced professionals and to be guided by their expert advice – even if it is not what you hoped to hear.
If you are defending what you believe to be a hopeless Will dispute, we can advise you where appropriate on the steps you can take to have the claim struck out so that the administration of the estate can continue.
How we can help
Please get in touch with Victoria Griffiths in the contentious probate team at mfg Solicitors for prompt advice. Please call the team on 01562 820181 or email victoria.griffiths@mfgsolicitors.com.