Joss Knight successful in testamentary capacity claim: Ginger v Mickleburgh [2026] EWHC 100 (Ch)

Joss Knight, instructed by Claire Cox of Willans LLP acted for the successful claimants in the probate claim Ginger v Mickleburgh [2026] EWHC 100 (Ch) – a decision of HHJ Blohm KC.

The four Claimants challenged the validity of the only will of their father, Michael Gwilliam, dated December 2014. Mr Gwilliam died seven years later in February 2022. The Defendants to the action were (respectively) – Mr Gwilliam’s nephew, his sister and his sometime companion.

Following a seven-day trial, the court pronounced against the 2014 will on the basis Mr Gwilliam lacked testamentary capacity. The judge found Michael held a number of false beliefs around the time the 2014 Will was executed. These beliefs were fixed, irrational and as such, constituted delusions.

Furthermore, the delusions had a clear and identifiable impact on his testamentary dispositions, indeed the court concluded that without the delusions, Michael would not have executed a will at all.

Joss previously acted for the successful claimants in Oliver v Oliver [2024] EWHC 2289 (Ch) – a decision of HHJ Matthews. Together, these two decisions represent the only reported decisions in which a will has been successfully overturned on the basis of delusions since the law was clarified in Clitheroe v Bond [2021] EWHC 1102 (Ch).

A copy of the judgment can be found here.

For further details and Joss’s analysis of the decision, please follow the link.