High Court Upholds Will Challenge Defence: No Undue Influence Found Despite Daughter’s Claims

A High Court judge has upheld a mother’s final will after rejecting claims by her daughter that she did not understand its contents and had been pressured into changing her wishes.

High Court Rejects Challenge to Mother’s Final Will

The dispute concerned the estate of Kantaben Patel, who died in December 2020 at the age of 73 after being diagnosed with terminal cancer earlier that year.

Her daughter challenged a will made in July 2020, arguing that her mother lacked sufficient knowledge and approval of its contents and that undue influence had been exerted by other family members. She alleged that her mother was physically and mentally vulnerable due to her illness and that relatives had persuaded her to change an earlier will made only weeks before.

The July 2020 will had been prepared by her solicitor, who also acted as executor of the estate. The court heard that he met Mrs Patel personally, took instructions from her alone and later went through the completed will with her before it was signed.

Knowledge and Approval of a Will Examined by the Court

The daughter argued that the circumstances surrounding the new will were suspicious. Mrs Patel had been diagnosed with terminal cancer, was taking strong pain medication and had spent several days staying with relatives shortly before the will was signed. It was also alleged that family members had influenced her decision-making.

However, His Honour Judge Jarman KC found that the evidence did not support those claims.

The judge accepted the solicitor’s evidence that Mrs Patel understood the contents of the will and approved them before signing. He also accepted evidence from family members and friends that, despite her illness, she remained mentally alert and capable of making her own decisions.

Video recordings made shortly before and after the will was executed were also considered by the court. In those recordings, Mrs Patel stated that she had chosen to change her will herself and had not been forced or pressured into doing so.

The judge concluded that Mrs Patel knew and approved of the contents of the July 2020 will and that it accurately reflected her wishes.

Court Finds No Evidence of Undue Influence

The court also rejected allegations of undue influence. While some family members had discussed the will with Mrs Patel and had helped arrange meetings with her solicitor, the judge found no evidence that her wishes had been overborne or that she had been coerced into making the new will.

The court therefore upheld the validity of the July 2020 will and dismissed the challenge.

Specialist Advice on Will Disputes

Our Dispute Resolution department can advise on challenges involving allegations of undue influence, lack of knowledge and approval, and testamentary capacity. Cases such as Patel v O’Sullivan demonstrate the importance of obtaining clear evidence about how a will was prepared, whether the person making the will fully understood its contents, and whether their decisions were made freely and independently.

In this case, the court placed significant weight on the evidence of the solicitor who drafted the will, the circumstances in which instructions were taken, and contemporaneous evidence demonstrating the deceased’s wishes. These are all factors that frequently arise in disputed probate claims and can be crucial when determining whether a will is valid.

Whether you are considering challenging the validity of a will or need to defend a claim brought against an estate, we can provide clear, practical advice on the strength of your position and the options available to you. If you would like guidance on any aspect of a will dispute, please contact our dispute resolution department.

Case Details

Case: Patel v O’Sullivan & Others (Re Estate of Kantaben Ratilal Patel)
Court: High Court, Chancery Division
Citation: [2026] EWHC 801 (Ch)
Judge: His Honour Judge Jarman KC
Date: 2 April 2026

About the Author

Emily is a solicitor specialising in contentious probate. She qualified in September 2024 after completing her training at a top 100 UK law firm and joined Machins Solicitors in November 2025. Emily advises on a wide range of inheritance disputes, taking a pragmatic, client‑focused approach that balances legal strategy with proportionality and cost considerations.