Leonard v Leonard: lessons from a contested will dispute

Joanna Baker acted in the team for the defendants in a 12-day High Court trial concerning the validity of a final will. The case, Leonard v Leonard [2024], involved allegations that the deceased lacked testamentary capacity and didn’t know or approve of the will’s contents.

The claim was heard in the Chancery Division before Mrs Justice Joanna Smith. The claimants argued that the deceased lacked testamentary capacity when the will was executed and, further, that the deceased didn’t know and approve of its contents.

Following a detailed review of the evidence, the court found in the claimants’ favour on both grounds.

The judgment is significant for its detailed consideration of competing evidence from the will drafter and medical experts. It provides valuable guidance on how courts assess conflicting evidence in will validity disputes.

The court also considered important aspects of the long-established test in Banks v Goodfellow. In particular, the judgment examines the requirement that a testator understands the nature and effect of making a will, and that no disorder of the mind influences their decisions about those who may expect to benefit from their estate.

The decision offers a modern restatement of how these principles apply in practice, particularly where family relationships are complex, cognitive decline develops gradually and medical records are incomplete or unclear.

The case is also notable for its consideration of litigation costs. The judgment provides useful guidance on the costs consequences of Part 36 offers in contentious probate claims and how those rules interact with the court’s wider discretion when making costs orders.

The decision in Leonard v Leonard [2024] provides important guidance for solicitors and barristers advising on contested wills, testamentary capacity disputes and probate litigation. It highlights the evidential challenges that can arise in testamentary capacity and will validity disputes, as well as the importance of costs strategy in probate litigation.