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The High Court’s decision in Elliott v Bateson [2026] EWHC 2440 (Ch) is a useful reminder that even a Will drawn up by a solicitor and signed correctly can still be overturned if the person making it didn’t properly understand what it meant.

The case concerned the Will of Mark Briant, who died in October 2022. Mark was 92, suffered from Parkinson’s disease and, by the time the disputed Will was made, was living with his daughter and son-in-law. His wife, Rosemary, had recently been diagnosed with dementia.

Mark initially instructed that 50% of his estate should pass outright to Rosemary.  However, during discussions, his solicitor suggested instead placing that share into a life interest trust, partly with the aim of protecting the money from being used for care home fees, should she ever need one. The resulting Will gave Rosemary the income (such as interest) from that half of the estate, with the capital ultimately passing to Mark’s daughter.

The difficulty was that the trust did not give Rosemary any right to the capital. The judge found that Mark had been told that Rosemary would have ‘access to’ the funds, which he was likely to have understood as meaning that she could use the capital if she needed it. In reality, the Will gave her no such entitlement. The solicitor had not sufficiently explained the important difference between an outright gift and the much more limited rights created by the trust.

The court therefore concluded that Mark didn’t truly understand what this part of the Will meant. Although the Will had been prepared by an experienced solicitor and signed correctly, those factors were not enough to overcome the shortcomings in the advice and explanation. The court found that the Will did not accurately reflect what Mark actually wanted for Rosemary.

Importantly, a separate claim that Mark had been pressured into making a Will failed.  The court was not satisfied that Mark had been pressured by his daughter or son-in-law. It emphasised that proving someone was pressured into making a Will requires convincing evidence that the testator’s free will was overborne; suspicion or opportunity alone is not enough.

Rather than setting aside the whole Will, the court removed just the part Mark hadn’t understood and left the rest of the Will in place.

What this could mean for you

• It may be possible to challenge a Will that has been professional prepared and correctly signed.
• Make sure your solicitor clearly explains any changes in your Will, especially if they differ from what you originally asked for.
• If your Will includes a trust, ask your solicitor to explain exactly what this means in practice, particularly the difference between income and access to the money itself.
• If you are elderly or feel vulnerable, ask for extra time and clarity to ensure your Will reflects your wishes.

If you have any questions relating to a Will dispute please contact one of our Inheritance Disputes experts today.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.