A Simple Wording Mistake Led to A High Court Dispute

Many people assume that once they have signed a Will, their wishes are clear and their estate will be distributed exactly as intended. However, a recent High Court case (May 2026) shows how even a few ambiguous words can lead to costly legal disputes after someone dies.

In this article, our Head of Will and Inheritance Disputes, Rebecca Armstrong, examines Wilkinson v Kirkham and the risks of unclear wording in Wills.

In Wilkinson v Kirkham [2026] EWHC 10006 (Ch), the court was asked to decide who should inherit part of a deceased person’s estate because of uncertainty in the wording of the Will.

What Happened?

The Deceased left his estate to a relative, Lily Mason. The Will also stated that if Lily died before him, the estate should pass to “the daughter of Lily Mason”.

At first glance, that may seem straightforward. The issue was, Lily died before the Testator and she had more than one daughter. No one could be certain who the Will was referring to. Did the Deceased intend for only one daughter to inherit and if so, which one? Or did he mean both daughters and if so, in what shares?

What did the Court Decide?

The Court concluded that the Deceased most likely intended both daughters to benefit and ruled that they should inherit the estate equally.

In reaching its decision, the Court looked at not only the words in the Will but also the surrounding circumstances. The Judge considered what an ordinary person would probably have meant when using that wording and whether there was any evidence that one daughter was intended to be treated differently from the other.

The decision reflects the modern approach take by the Courts: where possible, Judges will try to make sense of a person’s wishes rather than allow a gift to fail because of an honest drafting mistake.

Why does this matter?

Most people do not think their family will end up in Court arguing about their Will yet disputes often arise due to unclear wording. Something as simple as “my grandchild”, “my cousin”, “the daughter of [another person]” can create uncertainty if more than one person fits that description.

When the meaning of a Will is unclear, the Executors may need to seek legal advice and in some cases, direction from the Court. This can delay the administration of the estate and incur substantial legal costs, reducing the amount ultimately available for the beneficiaries.

It is therefore important to get professional advice when making a Will and to review your Will regularly (at least every 5 years or after a major life event such as a birth, marriage, divorce or relative’s death) to ensure your Will still reflects your wishes.

For more information please contact Rebecca on 01228 516666 or click here to send her an email.