Family Conflicts Over Contested Wills

Katie de Swarte

Inheritance disputes: when loved ones become opponents over an unclear will

The contested wills and probate team at Osbornes Law represent clients and family members in estate disputes, including high value estates.

When someone dies, even the strongest family relationship can come under significant strain. Alongside the inevitable grief, immediate practical matters and the estate administration need to be dealt with. It is during this process that family disagreements concerning the estate often arise.

While many disputes can be resolved early with sensitive and practical advice from expert solicitors, litigation may become inevitable when a resolution cannot be reached. Sadly, this is what happened with the case of Packer v Packer [2025] EWHC 461 (Ch), involving two sisters who had cared for the deceased.

What happened?

Stephen Packer, 65, died from cancer in 2022 leaving his wife, Debra, and sister Lynn. They were close and had cared for him while he was terminally ill. Sadly, their relationship deteriorated rapidly after his death, with each blaming the other for misunderstandings about what would happen to Stephen’s estate. Matters were complicated by the fact that Stephen had said different things to both women about what would happen to his estate.

The key issue was whether or not Stephen had died intestate (i.e., without a valid will). If no valid will existed, Debra would inherit his entire estate. In addition, there were already separate proceedings between Debra and Lynn concerning the estate of Stephen’s late mother, as well as a dispute over the transfer of the matrimonial home.

The law requires a will to be properly executed in accordance with section 9 of the Wills Act 1837. It must be signed by the testator and attested by two witnesses in the testator’s presence.

Here, Ellen’s case was that Stephen had asked her to help him prepare a will months before his death; she said she assisted in drafting the document, and that Stephen eventually executed it. However, her argument was significantly undermined by the absence of the purported original will. When only a draft is available, proving that a will has been duly executed, becomes particularly difficult. It was for Lynn to prove on the balance of probabilities, that the will had been validly executed.

Debra maintained that the purported will was never validly executed. She also argued that, despite her efforts to persuade him, Stephen ultimately chose not to make a will.

Given the conflicting accounts, particularly regarding who witnessed and signed the will, the court concluded that Stephen had not executed it. Moreover, in the absence of evidence showing a settled intention to formalise Stephen’s wishes, there was no presumption in favour of execution.

The judge found it more likely that Stephen had been encouraged to take the will to be witnessed independently, 
without any signatures being placed on it, but did not actually proceed with it. In fact, he probably disposed of it.

The court concluded that Stephen had died intestate, and that this was his intention. As a result, his wife Debra would inherit his estate.

Key takeaway

This case serves as a salutary reminder of the risks associated with failing to clearly express one’s wishes before death. Misunderstandings and poor communication can quickly escalate into family rifts and legal disputes, many of which could have been avoided with proper planning and documentation.

How can we help ?

The Contested Wills and Probate team at Osbornes Law are specialists in resolving complex estate disputes, including emotionally charged cases like Packer v Packer. When missing documents or questions around a will’s validity arise, as they did between Stephen Packer’s wife and sister, our expert solicitors provide clear and strategic advice to protect your interests. Whether through early negotiation or, where necessary, litigation, we help clients navigate the legal and emotional challenges of inheritance disputes with sensitivity and precision, ensuring that your voice is heard and your rights are upheld.

Contact us

If you need advice about a wills or probate dispute and are considering taking legal action; or you need urgent representation in defending a claim, please contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811