Firm News

Wills: The rule against gobbledegook

Release Date:

15 February 2007

Mishcon de Reya recently acted for the defendants in Franks v Sinclair [2006] EWHC 3365 (Ch) who were successful in opposing a will because its maker (the testatrix) did not understand its contents.

The court heard that the testatrix's solicitor son, who drafted the will, read it to his mother in the presence of two credible witnesses.  But Mr Justice David Richards decided that she did not know that the effect would be to disinherit her grandson who had been a major beneficiary of her previous will.  He found that the crucial clause disinheriting the grandson would have been unintelligible to most lay people and that its customary technical terms may be considered to be 'gobbledegook'.  Accordingly he found the will to be invalid, even though it was properly executed and the testatrix had testamentary capacity.

Commenting on the case, Mark Keenan, who led the Mishcon team together with Anthony Julius, added “whilst this case was decided on its own facts, it highlights the importance of ensuring that a person making a will fully understands its effect”.

For further details on this case or any other query concerning contested wills please contact Mark Keenan on +44 (0)207 440 7129 or at mark.keenan@mishcon.com