Patel v O’Sullivan: High Court Upholds Validity of Final Will

A late amendment to a Will has survived legal challenge in the recent High Court case of Patel v O’Sullivan, after the court confirmed that a July 2020 Will executed by Mrs Patel just weeks before her death was valid.

Selina Gonzalez, Associate Solicitor in our Will Claims team, reports on this recent case.

Mrs Patel’s daughter argued that an earlier Will drafted just the previous month should instead take effect. She challenged the later Will on the grounds of alleged lack of knowledge and approval – where a testator is said not to have understood or approved the contents of their Will when signing it – and undue influence.

The court rejected both claims.

A decisive factor was that the later Will had been prepared by a solicitor and supported by detailed contemporaneous attendance notes recording Mrs Patel’s instructions and the reasons for changing her previous Will. The solicitor’s file, together with evidence from family members and the drafting solicitor, persuaded the court that Mrs Patel understood the nature and effect of the document she was signing and approved its contents.

The allegation of testamentary undue influence also failed due to a lack of evidence of coercion. The court reiterated the high evidential threshold required to establish undue influence in probate disputes: the person challenging the Will must prove, on the balance of probabilities, that the testator’s free will was overborne by pressure going beyond mere persuasion or family influence.

The decision provides an important reminder for both families and professional advisers. Wills that are properly prepared, clearly documented and executed with specialist legal assistance are significantly more difficult to successfully challenge and anybody making a will ought to seek specialist advice from qualified practitioners.

If you would like more information about the issues raised in this article please contact Selina on 01228 516666 or click here to send her an email.