High Court Probate Case: Why Proper Expert Evidence Matters in Will Disputes
I acted in a recent case which was heard by High Court. The action was called Solveig Anne Tucker v Felton-Page & Ors [2025] EWHC 530 (Ch) and it highlights the critical importance of properly instructing medical experts and thoroughly investigating medical evidence before commencing private wealth disputes proceedings.
We acted for the First Defendant in this High Court dispute concerning the validity of a will and the approach to costs following the discontinuance of the claim. My client was a Defendant in the action.
The claim was brought by Solvieg Tucker who was known to the deceased, Pam Moore, for many years. Solvieg believed Pam had made a valid will in 2013 leaving her a sizable amount of the estate. My client, a beneficiary under an earlier will did not believe that the 2013 will was valid for good reason as it tuned out and so defended the claim.
The case is significant for many reasons not least because it provides valuable guidance for anyone considering challenging a will, particularly where allegations of lack of testamentary capacity are involved. It also demonstrates the importance of careful preparation and specialist legal advice before litigation is started.
Background to the Will Dispute
As I mentioned above the proceedings concerned competing wills executed by the deceased, Pam Moore. The claimant, Solvieg Tucker sought to propound a will made in 2013, while the defendants, predominately my client contended that the deceased lacked testamentary capacity at the time the document was executed and that an earlier will should instead be admitted to probate.
As is common in private wealth litigation, the dispute raised several key issues frequently encountered in inheritance disputes, including:
- Lack of testamentary capacity
- Knowledge and approval of the will
- Allegations of undue influence
- Allegations of fraudulent calumny
Central to the case was the deceased’s medical condition at the time the later will was executed.
The importance of Medical Expert Evidence in Private Wealth Disputes
Medical expert evidence is often decisive in disputes concerning testamentary capacity. Experts are usually asked to review the deceased’s medical records and provide an opinion on whether the legal test for capacity was satisfied when the will was made.
In this case, the claimant’s psychiatric expert initially concluded that the deceased had testamentary capacity.
However, after reviewing additional medical records that had been disclosed but not previously been provided by the claimants solicitors to their expert, the expert revised his opinion and concluded that the deceased did not have capacity at the relevant time.
Inexplicably it took the claimant many months to discontinue the proceedings just before trial.
This development demonstrates how crucial it is that medical experts are instructed with all relevant information from the outset and that parties act promptly when circumstances change.
Why experts must be properly instructed
The case highlights an important lesson for anyone bringing a claim to challenge a will.
Experts must be instructed on the basis of complete and accurate information. If relevant medical records or background documents are not provided to the expert, there is a real risk that their opinion may change once further information becomes available. Additionally solicitors direct their advice to clients based on the strength of expert medical evidence. This can fundamentally alter the strength of a claim and significantly affect the progress of litigation.
Properly instructing experts and ensuring that they are provided with the full evidential picture is therefore essential in private wealth disputes cases.
Investigating medical evidence before issuing court proceedings
The decision also demonstrates the benefit of fully exploring the available medical evidence before issuing court proceedings.
In probate disputes involving allegations of lack of testamentary capacity, the relevant evidence often includes:
- GP and hospital records
- Care home records
- Cognitive assessments
- Contemporaneous medical opinions
- Solicitor attendance notes taken when the will was prepared
Careful review of these documents at an early stage can help determine whether a claim is likely to succeed before litigation is commenced.
Issuing proceedings before the medical evidence has been properly investigated can create significant risks if the evidential picture later changes.
The court’s approach to costs
The High Court was required to determine the appropriate costs order after the claimant discontinued the claim.
The court recognised that the claimant initially had reasonable grounds to investigate the validity of the will. However, once the expert evidence changed, the position shifted and the litigation became ordinary adversarial proceedings.
The claimant was therefore ordered to pay the defendants’ costs from the later stage of the case.
This aspect of the decision illustrates how parties must continually reassess their position as evidence develops during probate litigation and the consequences of not doing so.
Why this case shows the value of specialist private wealth disputes lawyers
Tucker v Felton-Page demonstrates the complexity of disputes involving testamentary capacity and medical evidence.
Such cases require careful investigation, strategic management of expert evidence, and detailed understanding of private wealth litigation principles.
We have significant experience in complex private wealth disputes claims, including High Court litigation involving challenges to the validity of wills.
Our team regularly advises executors, beneficiaries and families involved in disputes concerning testamentary capacity, undue influence and inheritance claims.
By carefully investigating the medical and factual evidence at an early stage, we help clients assess the strength of potential claims and avoid unnecessary litigation risk.
If you are concerned about the validity of a will or are involved in a dispute over an estate, obtaining specialist advice at an early stage can be critical. Contact Alastair Goggins or find out more about how we can assist you with your Will Dispute here.