A Will Should Bring Peace — So Why Do Some End in Court?

Why the Right Advice Matters More Than Having a Will

Most people believe that making a will is enough. Once it’s signed and stored away, they assume their wishes are protected and their family is taken care of. Unfortunately, a recent High Court case has shown that this belief can be dangerously misplaced.

In a long-running and deeply distressing family dispute, the court overturned a will that had been professionally prepared, after finding that the person who made it lacked the mental capacity to do so at the time. The outcome serves as a stark reminder that a will, on its own, is not always enough. What truly matters is the advice, safeguards, and judgment that sit behind it.

The case centred on a will made in 2014 by a man who was later found to be suffering from late-onset schizophrenia. At the time the will was drafted, he was experiencing serious delusions, including false beliefs that his own daughters were stealing from him and attempting to have him sectioned for financial gain. The court found these beliefs to be untrue, but crucially, they had a direct impact on how he chose to distribute his estate.

Under the 2014 will, his four daughters were left just a quarter of the estate between them, with the remainder passing to other family members. Although the will had been prepared by a legal professional, the High Court ruled it invalid. The judge gave little weight to the will writer’s opinion that the deceased had capacity, instead relying on extensive medical evidence and expert psychiatric opinion.

After more than four years of complex litigation, the court concluded that the deceased had in fact died intestate, meaning the will failed entirely and his estate passed under the rules of intestacy.

This case is important not because it is unusual, but because it highlights how easily things can go wrong when proper safeguards are missing. The issue was not the absence of a will, but the absence of robust advice and contemporaneous evidence to support the decisions being made. Once the will was challenged, there was not enough protection in place to defend it.

Courts do not simply ask whether a will exists. They look closely at how it was prepared, whether any warning signs were present, and whether those signs were addressed properly at the time. Where mental capacity could be in question — due to age, illness, or sudden changes in behaviour — failing to obtain appropriate medical evidence can leave a will exposed, no matter how carefully it appears to have been drafted.

This has serious consequences. Families can be drawn into years of legal disputes, relationships can be permanently damaged, and private matters can become public. Most importantly, the person’s true wishes may never be carried out.

At Alvechurch Legal, we believe that preparing a will is not simply a document-writing exercise. It is about protecting your intentions and your family from uncertainty and conflict in the future. That means taking the time to understand your circumstances, recognising when additional safeguards are needed, and ensuring there is clear, defensible evidence to support the decisions you make.

Our approach focuses on preventing problems before they arise. By addressing potential risks early and putting the right protections in place, we help ensure that your will does what it is supposed to do: provide clarity, security, and peace of mind.

The lesson from this case is clear. Having a will is important, but it is not enough on its own. Without the right advice, even a professionally prepared will can be overturned.

If you are making or updating a will, have concerns about mental capacity, or want reassurance that your wishes will stand up to scrutiny, seeking experienced, careful advice can make all the difference. Alvechurch Legal is here to help you ensure that your will is not only written, but protected.

Contact us today on 01384 848 286 or direct on 07398 423 795 to book a free appointment to discuss your circumstances, and get the advice you need.

James