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CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEE SPECIALISTS –  A TYPICAL WILL CLAIM INVOLVING A LOST WILL, ALLEGED UNDUE INFLUENCE AND LACK OF CAPACITY 

Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors consider the new case Burgess v Whittle and Rowell [2025] EWHC 2633 (Ch) which is a Will contest claim involving a lost Will and issues about alleged undue influence and lack of capacity 

Burgess v Whittle and Rowell [2025] EWHC 2633 (Ch): Lost Will and Testamentary Capacity in a Will Dispute Claim 

When a family member dies and a will cannot be found, it often sparks a will dispute or inheritance claim. The recent High Court case of Burgess v Whittle and Rowell [2025] EWHC 2633 (Ch) is a timely reminder of what happens when the original will goes missing — and how the court approaches claims about testamentary capacity, undue influence, and revocation. 

This case shows that even if the original will is lost, the court can still uphold a copy — provided there’s enough evidence to prove it was valid and not destroyed intentionally. 

Here is a link to the original decision: 
Burgess v Whittle & Anor [2025] EWHC 2633 (Ch) (16 October 2025) 

Background to the Will Dispute 
The case concerned the estate of Elizabeth Rowell, who died in 2017 aged 82. She had three adult children: Fiona Burgess (the claimant) and her siblings Julie Whittle and Robert Rowell (the defendants). 

Fiona Burgess brought a will claim to prove valid her mother’s 2014 will, while her sister (the First Defendant – Julie Whittle) sought to rely on an older 1984 will. The 2014 will had been drafted through a professional will-writing company, Future Legal Services Ltd (FLS), but the original was later lost by professionals before probate was completed. 

The Core Legal Issues 
The court had to decide several key questions familiar to anyone involved in a will dispute claim: 

  1. Did the deceased have testamentary capacity to make the 2014 will? 
  2. Did she know and approve its contents? 
  3. Was the will affected by undue influence? 
  4. Was the will lost or revoked? 

Testamentary Capacity and Knowledge 
The expert psychiatrist, Professor Alistair Burns, confirmed that although Mrs Rowell had early dementia, she understood what she was doing and had capacity to make her will under the long-established Banks v Goodfellow test. 

The will was rational, duly executed, and reflected her wishes — she left her estate equally among her children but made a specific gift of jewellery to the claimant. 

The court therefore found that the deceased had capacity and knew and approved her will. 

This was an unfortunate claim where there appeared to be no or insufficient evidence against the legal validity of the 2014 Will the consequences of which we have dealt with in a previous blog: 
THE DANGER OF PRODUCING NO OR INSUFFICIENT EVIDENCE IN A WILL CONTEST OR WILL DISPUTE CLAIM  – Will Claim Solicitors 

Undue Influence and Revocation 
There was no evidence of undue influence. Although family relationships were strained, particularly between the mother and her daughter Julie, the court found no sign of coercion or manipulation. 

The key dispute became whether the loss of the original will meant it had been revoked. The High Court held it had not. Evidence showed the original was lost after death, probably while held by professionals, and the deceased never intended to revoke it. 

The Court’s Decision 
Judge Paul Matthews concluded that the 2014 will was valid, even though the original could not be found. 
He granted the claimant letters of administration with the copy will annexed, allowing probate to proceed until the original is recovered. 

This meant the older 1984 will was not revived — a significant outcome for the family and an important lesson for others considering how to dispute a will or defend a will contest claim. 

Key Takeaways for Will Disputes and Inheritance Claims 

  • A lost will doesn’t automatically mean it was revoked. The presumption can be rebutted with clear evidence. 
  • Early dementia does not necessarily remove testamentary capacity. 
  • Courts give weight to professional evidence, especially from will writers and medical experts. 
  • Administrative failures by professional firms or the Probate Registry can have real consequences — but they won’t defeat a valid will claim. 

Why This Case Matters 
This decision offers reassurance to anyone facing a will dispute where the original document has been misplaced. It also underlines the importance of keeping wills safely and seeking legal advice promptly when doubts arise. 

If you’re wondering how to dispute a will or need guidance on bringing or defending a will contest claim, this case illustrates how the courts balance fairness, family tensions, and legal precision in inheritance disputes. 

How Will Claim Can Help 
At Will Claim Solicitors, we specialise in contesting wills, will disputes, and inheritance claims on a no win, no fee basis. If you suspect a loved one was pressured into making a will, we can: 

  • Review the circumstances and available evidence. 
  • Advise whether you have grounds to dispute the will. 
  • Guide you through the legal process to protect your inheritance rights. 

Visit us at www.willclaim.com 

We provide details about our no win no fee arrangements at No Win No Fee Solicitors – Will Claim Solicitors 

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