Disinherited Granddaughters Face Hefty Legal Bill | Curtis Parkinson
High court ruling leaves disinherited granddaughters with a financial nightmare.

Disinherited Granddaughters Face Hefty Legal Bill

28 May, 2024 3 minutes reading time


Frederick Ward’s five granddaughters, disinherited in his will, now face a large legal bill after losing their High Court case, Gowing v Ward. They had claimed undue influence, alleging their grandfather was coerced into disinheriting them after their father’s death.

Unravelling the Dispute

Frederick Ward’s estate became a point of contention after he made a new Will following the death of his son, Fred Junior. This new Will drastically altered the distribution of his assets, leaving the entire estate to Frederick’s surviving children, Terry and Susan. It excluded Fred Junior’s five daughters.

Believing their uncle and aunt had unduly influenced their grandfather, the granddaughters challenged the Will’s validity. The High Court was tasked with determining whether the new Will was a genuine reflection of Frederick’s wishes or the result of undue influence. This involved scrutinising the evidence, including witness testimonies and any documentation surrounding the creation of the new Will.

The High Court’s Verdict

Despite their heartfelt pleas, the High Court found no evidence supporting the granddaughters’ undue influence claims. The judge ruled that that Mr Ward was “entirely rational” and had testamentary capacity when he made the second Will in 2018 Will. Furthermore, he emphasised the minimal contact between the deceased and the grandchildren in his final years.

As a result, the court upheld the second Will and ordered the granddaughters to bear the burden of their legal costs, adding another layer of emotional and financial hardship to their loss.

Key Lessons and Implications

Gowing v Ward demonstrates the difficulties and potential for family strife when challenging a Will due to undue influence. Strong evidence of coercion is essential to overturn a Will; mere suspicion is not enough. Legal battles can cause lasting harm to relationships, and alternative solutions like mediation may be a better approach.

The case also emphasises the importance of legal advice when creating or changing a Will, especially for complex situations. Lawyers ensure proper documentation and can help prevent future disputes. They also must assess a client’s mental capacity and, if in doubt, seek a medical opinion. While such views are influential, they are not definitive. A lawyer’s testimony and file notes provide crucial context for the court to assess capacity.

Our Advice

Planning for the future can bring peace of mind to you and your loved ones. Our specialist wills, trusts and estates team can help you create a comprehensive estate plan that clearly outlines your wishes and minimises the risk of future disputes.

If you are concerned that your Will may be challenged after you die, or you are worried about the validity of a loved one’s Will, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

Partnerships & Accreditations
Member of the World Association of Notaries Certified Cyber Essentials