Following an article in 2023 highlighting cases going through the Courts in England, Wayne Barnett shares some recent real-life scenarios involving Wills and inheritance disputes that demonstrate the vital role of up to date & professionally drafted Wills in legacy planning.
A Will is not just a document – it is your voice when you are no longer here. When it is unclear, outdated, or poorly prepared, it can lead to costly and emotional disputes.
Real-Life Cases and What We Can Learn
- When Mental Capacity Is Questioned – Leonard v Leonard [2024]
A dispute arose between a man’s children and his second wife’s family. The court ruled that a later Will (2015) was invalid because the deceased lacked the mental capacity to make it. Instead, an earlier Will (2007) was upheld.
Even if a Will is professionally drafted, it can still fail if the person making it does not fully understand or approve its contents.
- Suspicious Wills and Lack of Evidence – Khatun v Hasan [2025]
A father’s only Will excluded his daughter and left everything to an acquaintance. The document contained spelling errors, unusual wording, and no clear evidence of proper preparation.
The court found the Will invalid. As a result, the daughter inherited the entire estate under intestacy rules.
If a Will appears suspicious or poorly prepared, it may be challenged—and overturned.
- Last-Minute Changes Can Backfire – Patel v Patel [2026]
A father made a new Will shortly before his death, leaving almost everything to one daughter and very little to his other children.
The court rejected the Will and reinstated an earlier version that divided assets more fairly. Legal costs exceeded £450,000.
Last-minute changes, especially during illness, are closely examined—particularly if they significantly favour one person.
- Understanding and Approval Matters – Reeves v Drew [2022/2024]
In a case involving a £100 million estate, a Will was overturned because the person making it did not fully understand its contents. One beneficiary had influenced the outcome heavily and was penalised with substantial legal costs.
A Will must clearly reflect the true intentions of the person making it—free from pressure or confusion.
- Modern Communication Can Count – Rahman v Hassan [2024]
In a surprising decision, the court accepted text messages sent shortly before death as valid instructions to change a Will.
Even informal communication, like texts, may carry legal weight in certain circumstances.
The Common Themes
Across all these cases, a few clear lessons emerge:
- Wills must be properly drafted and clearly expressed
- Mental capacity and understanding are essential
- Major or last-minute changes raise red flags
- Poor documentation can lead to disputes
- Mistakes can be extremely costly—both financially and emotionally
Protecting Your Legacy
At Maplebrook Services Ltd, we help ensure your wishes are respected and your loved ones are protected.
We support clients by:
- Drafting clear, legally robust Wills
- Providing secure Will storage
- Offering probate support for smooth estate administration
All our advisors are fully qualified Will writers, registered with the Institute of Professional Willwriters, who undergo regular Continuing Professional Development through numerous Webinars, weekly updates and notifications of forthcoming/new legislation. Maplebrook Services Limited has €2.4 Million of Professional Indemnity Insurance.
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