Where there’s a will, there’s a way… to prison

Thinking of holding on to a loved one’s will to gain leverage in an inheritance dispute? A recent High Court contempt of court ruling shows that doing so could lead to a prison sentence.

The case: Corbel & Anor v Golding [2026] EWHC 2069 (Ch)

In this contentious probate claim, a son was removed as executor of his late mother’s estate and ordered to deliver up her original will and estate documents. He ignored that order.

He then ignored a second order with a penal notice attached, followed by a third order, also with a penal notice. The High Court found him in contempt of court to the criminal standard. The judge described his conduct as “deliberate, repeated refusals” at “the worst end of the spectrum” and “an attack on the rule of law”.

He was sentenced to seven months’ imprisonment. The sentence would take effect unless he handed over the will and estate papers by 4pm that Friday. If he did not, a warrant would be issued for his arrest.

Three lessons for executors, beneficiaries and families in estate disputes:

1. Court orders must be obeyed. For contempt, the court can impose up to two years’ imprisonment, an unlimited fine or confiscation of assets. Being a litigant in person, being 70, having a disability or believing that your siblings are acting unfairly did not count as mitigation
2. Your grievance is a separate claim. His claimed quarter share of the family home, bought for £75,000, was a matter “for another day”. It gave him no excuse for failing to comply
3. Non‑compliance hits your inheritance. He was ordered to pay legal costs on the indemnity basis, with any unpaid costs charged against his share of the estate.

Family dynamics: the court will not decide everything at once

Inheritance disputes rarely involve a single issue. Decades of family history, lifetime gifts, care provided to elderly parents and claims to the family home can all become tangled up with the estate.

It is natural to assume that, once you are in court, the judge will settle every grievance. That is often not the case.

In Corbel, Mr Golding raised his claimed £75,000 quarter share in the family home. He also said he had spent over £300,000 supporting his parents while his sisters contributed nothing.

The judge was clear that these matters were “no part of this litigation”. The proceedings were “quite self‑contained”, and any claim to the share in the property would have to be brought “in suitable proceedings for that purpose”. None of it changed the costs outcome.

The court decides the claims that are properly put before it. That makes two things essential from day one:

• Carefully particularised statements of case. Each claim, such as a will validity challenge, an Inheritance Act claim, a proprietary estoppel or trust claim, or removal of an executor, needs to be identified, pleaded and supported by evidence. Grievances that have not been pleaded will not be decided, and raising them late can cost you time, money and credibility
• Proper pre‑action engagement. Following the Practice Direction on Pre‑Action Conduct and the ACTAPS Practice Guidance for the Resolution of Probate and Trust Disputes (the “ACTAPS Code”) encourages early disclosure of key documents, such as the will and estate papers. It also helps narrow the issues and gives the parties a realistic chance to settle, including through mediation, before costs escalate. The court can take a party’s failure to engage at the pre‑action stage into account when deciding costs. Following the protocol properly is one of the best protections you have.

Why early specialist advice matters

Will disputes and estate disputes can escalate very quickly. Specialist advice at the outset on disclosure obligations, executor duties, how to frame your claims, litigation costs and the consequences of non‑compliance can protect both your inheritance and your liberty.