Delusions and dispositions—testamentary capacity challenge succeeds but fraudulent calumny fails (Ginger & others v Mickleburgh & others)
Private Client analysis: Judgment has been handed down on a trial of a contentious probate claim (originally heard in August 2025) by His Honour Judge Blohm KC. The claimants (the Deceased’s four children) challenged a Will on the basis the deceased lacked testamentary capacity and/or it was the product of fraudulent calumny. The Defendants were the Deceased’s sister, ex-partner and nephew. The challenge to testamentary capacity succeeded on the basis the Deceased was suffering from delusions at the time the Will was executed, which the judge found had an impact on both his decision to execute a Will and its terms. The fraudulent calumny claim failed. The judgment gives useful guidance on what constitutes a delusion and how that might be proved; when the court will be satisfied that a particular delusion affected the testamentary dispositions; and in particular, the circumstances in which the court will attribute comparatively less weight to evidence of the Will writer. Written by Joss Knight, barrister at 5 Stone Buildings.