A perfect storm of probate problems 

Most Will disputes turn on a single issue, such as capacity, undue influence, or a failure to follow the proper legal formalities. The case of Peggy Dalton is unusual because it involved four of the most common grounds on which a Will can be challenged. It also produced sharp criticism of the Will-writer who prepared the document in the first place.  

Few reported cases show such a comprehensive failure of the safeguards designed to protect vulnerable people when they make or change a Will. The Judgment offers real lessons, for anyone thinking about updating their own Will and for families who suspect a loved one’s Will doesn’t reflect what they actually wanted. 

A dramatic change in longstanding testamentary wishes 

Peggy Dalton, who died in March 2021 aged 93, planned to leave her estate, reported at around £600,000, split between her two sons, Richard and Robert, under a Will made in 2018. In November 2020, only a few months before she died, a new radically different Will was prepared, with Richard now excluded almost entirely and the estate passing instead to Robert and his wife, Carly. 

A change of that scale which differs so vastly from seemingly settled testamentary intentions, disinheriting a close family member outright, is likely to draw scrutiny from the court, which is further enhanced when the person making the change is elderly, in declining health, or otherwise vulnerable, as was Peggy. 

Dementia, capacity and how the will was made 

To make a valid Will, a person must understand what they are doing, the effect of the document being prepared, the extent of what they own and who might reasonably expect to benefit from their estate. They must also be free of any disorder of the mind that distorts their decision-making. 

The evidence in Peggy’s case suggested her cognitive abilities had deteriorated significantly by the time the November 2020 Will was drawn up. By February 2021, only weeks before she died, she had been admitted to a care home with what was described as “quite advanced” dementia, and the court concluded that decline had already set in well before the Will was signed. 

However, a dementia diagnosis does not automatically invalidate a Will, as many people living with dementia retain or have fluctuating testamentary capacity. It does mean that where cognitive decline is a concern, a medical assessment and safeguards become essential. 

The court heard that Robert and Carly had moved into Peggy’s home in 2020 and became closely involved in her affairs. Concerns were raised that she had grown increasingly dependent on them and isolated from the wider family and the professionals involved in her care.  

Testamentary instructions are supposed to come directly from the person making the Will, so when a beneficiary is heavily involved in arranging the process, questions inevitably follow about whether the resulting document reflects the testator’s wishes or someone else’s. 

Those questions were compounded by what the Will-writer’s own notes recorded, supposedly attributed to Peggy, that Richard had stolen £100,000 from her and had been charged with attempting to murder Robert. Master Katherine McQuail, hearing the case in the High Court, found this account had no basis in reality, and concluded it called into serious question Peggy’s understanding of what she was doing when she excluded Richard and why. 

Master McQuail went further, concluding that Robert and Carly had exerted undue influence over Peggy. Establishing undue influence in a Will dispute is notoriously difficult. It requires far more than evidence of persuasion, coercion, family disagreements, or a strained relationship. The Court must be satisfied that the pressure placed on the testator was so significant that the Will no longer reflected their own independent wishes, but instead those of the person exerting the influence. 

The combination of Peggy’s age, vulnerability, dementia, isolation and dependence, along with the scale of the departure from her previous wishes, and the closeness of those who stood to benefit, was enough to satisfy the court that this threshold had been met.  

The Will also failed to meet the formal requirements of the Wills Act 1837 governing due execution, which ensured four grounds of failure in a single case and the reason the court was so troubled by the whole situation. 

Criticism of the Will-writer and the court’s decision 

Master McQuail was highly critical of the Will-writer’s failure to spot or interrogate the obvious warning signs before facilitating such a dramatic change to Peggy’s Will. There was no evidence he had taken instructions from her independently, no medical evidence on her capacity and no real attempt to address the risk of undue influence. 

Despite his own note recording that Peggy had not been pressured into signing, the judge said she could attach no credibility to his ability to judge whether there had been any improper influence. 

Master McQuail declared the November 2020 Will invalid and reinstated the 2018 Will in its place, restoring the original split between Richard and Robert. Robert and Carly, who continue to live in Peggy’s house and did not engage with the trial or attend it, were ordered to pay Richard’s legal costs, estimated at around £190,000. 

Preparing a Will is not simply a paper-based box-ticking exercise, and this case shows exactly why. When someone is elderly, vulnerable, living with dementia, disinheriting a close family member or making a substantial change to long-held wishes, careful enquiry and real safeguards are not optional, but the point of involving a specialist solicitor in the first place. 

Why using a solicitor matters 

Many inheritance disputes trace back to the absence of exactly these safeguards at the point the Will was made or instructions were given. It is understandable that people focus on the cost of making a Will, but Peggy Dalton’s case shows how much more expensive getting it wrong can be. 

An experienced Private Client solicitor will talk through the reasoning behind a proposed change, consider whether there is any risk around capacity or undue influence, make sure instructions come from the testator and keep a detailed attendance note explaining how and why the Will was prepared. They can also advise on other safeguarding and precautionary steps which can be taken in case of future claims against their estate. 

Where it is warranted, they can also arrange medical evidence and other safeguards. All of that protects not just the person making the Will, but the people who will one day need to rely on it being valid. Investing in proper advice during someone’s lifetime is almost always cheaper than fighting about it after they have died. 

Do you have concerns about a Will? 

If you think someone’s Will does not reflect what they actually wanted or intended, seek advice quickly. That might be because they were living with dementia or cognitive decline, because they seemed isolated from family and friends, because they appeared vulnerable to influence, because you do not think they understood what they were signing, or because something about how the Will was prepared does not sit right.  

Every case is different, but early advice can make a real difference to understanding your options, gathering evidence and protecting your position before the estate is distributed. 

Just because someone has lost capacity or this fluctuates, does not necessarily mean that they cannot make a will either as there can be options for this when advised properly. 

Our Inheritance and Will Disputes team has extensive experience handling contested Will claims, capacity disputes, undue influence claims, executor disputes, proprietary estoppel claims, Inheritance Act claims and other estate litigation. Whether you are planning ahead or already have concerns about a Will after a death in the family, we are here to help. 

The Private Client team at Coodes Solicitors helps individuals and families with every aspect of making a Will and estate planning, ensuring your wishes are properly recorded and protected to reduce the risk of a dispute later. This case is a powerful reminder of what proper safeguards in the process are actually for and why experienced legal advice matters so much in making sure a Will reflects someone’s free, informed and genuinely independent wishes. 

If you are considering making or updating a Will, or if you have concerns about the validity of a Will following the death of a loved one, please contact Coodes Solicitors for specialist legal advice. Early advice can make all the difference.