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A Will. The most important document a person may make during their lifetime.
The law relating to Wills is strict, the same rules have been in force since the 1800s. The formalities must be adhered to ensure a Will is valid. Will disputes are on the rise, disappointed beneficiaries will seek to challenge a Will any way possible.
A recent judgment in the High Court has reinforced the importance of these formalities.
A solicitor was held to have failed to explain the terms of the Will in full to their client, leading the court to strike out the Will.
Elliot v Bateson [2026] EWHC 2440
The facts of the case
The case concerned a married couple with children from previous relationships who had made mirror wills in 2012. In 2022, while the husband was elderly and in declining health, he made a new will that replaced his wife’s outright inheritance with a life interest trust over half of his estate, with the capital ultimately passing to his daughter.
After his death, his wife challenged the 2022 will on the basis that he did not know and approve its contents. The Judge did accept that the solicitor had intended to give the testator accurate and appropriate advice. However, ultimately, he found nothing in the attendance note to suggest that the solicitor had explained the life interest trust properly. Moreover, at the execution appointment, the new will was not read over to the deceased before it was signed.
The High Court’s decision
The High Court therefore removed the provision restricting his wife’s access to the capital, making the 50 per cent gift to her absolute. This was done on the basis that the deceased did not have full knowledge and approval of the contents.
Why careful advice and record-keeping matters
This decision emphasises the importance of a solicitor’s conduct during the will drafting process. This involves the manner in which they approach the client, down to the notes they take from appointments and calls. In this case, if the attendance note was more thorough, the Will may have been upheld – that’s just how vital they are.
The value of a STEP-qualified solicitor
Instructing a solicitor who is a full member of Society of Trust and Estate Practitioners (STEP) can provide added reassurance that complex estate-planning arrangements, such as life interest trusts, will be considered carefully, explained in clear terms and documented thoroughly. This helps reduce the risk of ambiguity or later disputes, and gives the best possible prospect of the testator’s wishes being upheld.
If you wish to get in touch, our very own Louise Axford and Louise Taylor are STEP qualified. Please contact the firm’s main office to make an appointment on 01384 410410.