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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS –  A SUMMARY OF THE RECENT CASE OF “TUCKER V FELTON-PAGE [2025] EWHC 530 (Ch)” 

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explain the key findings in “Tucker v Felton-Page and Others” 

Will Dispute: Tucker v Felton-Page and Others – Lessons in Contesting a Will 

Disputing a will can be a complex and emotionally charged process. The recent case of Tucker v Felton-Page and Others serves as a crucial example of the legal grounds on which a will can be challenged and the factors courts consider when ruling on such disputes. For a full account please see: Tucker v Felton-Page & Ors [2025] EWHC 530 (Ch) (12 March 2025) 

The Background of the Will Dispute 

The case revolved around a dispute over the legal validity of a 2013 Will. The Claimant, Ms. Tucker alleged that the 2013 will was the last true Will and Testament of the deceased; the First Defendant alleged that the deceased had lacked legal testamentary capacity at the time and raised concerns about undue influence and lack of knowledge and approval. She sought to propound an earlier 2006 Will.  

This case highlights the legal principles governing will contests and serves as a decent guide for those wondering how to contest a will [although please see our earlier blog which provides a simple explanation as well: Some Legal Principles Explained – Will Claim Solicitors]. 

Key Issues in the Case 

  1. Testamentary Capacity – One of the central issues was whether the testator had the mental capacity to make the 2013 will. If a person lacks capacity due to illness or cognitive decline, their will may be invalid. In this case there had been a considerable history of cognitive decline prior to 2013.  
  2. Undue Influence – The claimant alleged that certain beneficiaries exerted pressure on the testator, effectively overriding their free will. Proving undue influence is challenging, as the burden of evidence lies with the challenger. 
  3. Lack of Knowledge and Approval – It was also argued that the deceased may not have fully understood or approved the contents of the will. 
  4. Procedural Issues – The manner in which the will was executed and witnessed was scrutinized to ensure compliance with legal formalities. 

How to Challenge a Will – Lessons from the Case 

The case reaffirms that contesting a will requires substantial evidence. Simply disagreeing with the contents of a will is not enough. It also reveals that even where the legal testamentary capacity of the testator was assessed by a doctor at the time of the formation of the Will, it can in certain circumstances be successfully challenged.  

In Tucker the evidence of a “doctor” who confirmed capacity at the time the disputed Will was made was found to be inadequate. There was no reflection on why there had been such a radical departure from the previous 2006 Will and the method of testing (capacity) appears to have been found to be flawed. There was as mentioned a significant medical history indicating lack of capacity prior to the making of the disputed 2013 Will.  

If you are considering a will contest, it is important to: 

  • Gather medical records and expert opinions on the testator’s mental state. 
  • Collect correspondence and statements to prove undue influence. 
  • Ensure any procedural irregularities are documented. 

The Court’s Conclusion 

In this case, the court ruled based on the weight of evidence presented although significantly the Claimant effectively conceded the 2013 Will was likely to be found to be invalid before the Court determined the position which appears to have favourably helped her to avoid a complete costs disaster (see below). Notwithstanding, the judge was still bound to make a determination and found against the validity of the 2013 Will and in favour of the 2006 Will (although it appears the claims of undue influence were not upheld). Whilst the Claimant lost, there was “no order” in relation to her costs until about February 2023 after which the claim became “ordinary hostile” litigation and from which point she was ordered to pay the costs of the claim. As relayed in one of our previous blogs, it is not always the case that the loser pays in Will dispute and/or Will contest claims.  

Final Thoughts 

If you find yourself in a situation where you need to know how to challenge a will, it is essential to seek professional legal advice. This case underscores the importance of preparation, strong evidence, and understanding the legal framework surrounding will disputes. Contesting a will is never straightforward, but with the right legal approach, justice can be achieved. 

If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat and/or visit us at www.willclaim.com.  

We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/. 

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