Contentious probate in England and Wales: capacity, undue influence, 1975 Act, proprietary estoppel and mutual wills; caveats and ADR—case study of later-life will change in a second marriage

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Facts

Kevin (69) and Amelia (60) have been married for three decades. This is Kevin’s second marriage; he has two adult children, Barbara and Tom, from a first marriage that ended acrimoniously. Barbara and Tom put up with their step-mother but have never truly liked her, as she and Kevin were friends before his split from their mother. Amelia is very fond of her step-grandchildren. Together, Kevin and Amelia run a thriving property investment business, and the bulk of their wealth has been created during the marriage. Although Amelia’s contribution has been equal—some would say greater—most assets sit in Kevin’s name. Over the years, he has often told Amelia that half of everything he owns is hers. In 2010, they agreed that whoever died first would leave their estate to the other, and that the survivor would then leave their estate to Barbara and Tom, subject to some modest legacies. As Amelia has no close blood relatives, she has been comfortable with this arrangement...

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Web page updated on 21/05/2026

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