A bitter four-year legal battle over a father’s estate has underscored the perils of leaving inheritance planning until it is too late, after a High Court judge ruled that a will made under the influence of paranoid delusions was invalid. The case, Ginger v Mickleburgh, highlights the dangers of delaying estate planning and the importance of ensuring that wills and lasting powers of attorney are put in place while a person still has the mental capacity to make sound decisions.
Michael Gwilliam died in February 2022 at the age of 79. His four daughters believed their father had always intended to die without a will – intestate – so that his estate, valued at between £750,000 and £1 million, would automatically pass to them. However, after his death they discovered that Mr Gwilliam had made a will in December 2014, the same year he was briefly detained under the Mental Health Act. At that time he was suffering from late-onset schizophrenia, specifically a persistent delusional disorder, which led him to develop fixed, irrational beliefs that his daughters were conspiring against him, attempting to steal his property and trying to have him sectioned. Those delusions were reportedly reinforced by his sister and a companion.
The 2014 will left only a quarter of his estate to his daughters, with the remainder intended for his sister, his former partner and three nephews. The daughters challenged the will’s validity on the grounds that their father lacked the mental capacity to write it. They also alleged fraudulent calumny, claiming the defendants had poisoned his mind against them. In January 2026, HHJ Blohm KC declared the will invalid, finding that Mr Gwilliam’s delusions had directly influenced his decision to exclude his children from the bulk of his inheritance. The claim of fraudulent calumny failed because the defendants genuinely believed their own false claims. The court ruled that Mr Gwilliam had in fact died intestate, meaning his estate must now be distributed according to statutory rules. The daughters described the outcome as an “unbelievable relief” after a long and emotionally draining dispute.
Lasting powers of attorney: what you need to know
The case has drawn attention to the value of a lasting power of attorney (LPA) as a way to protect a person’s wishes before they lose mental capacity. An LPA allows someone to appoint a trusted individual – known as an attorney – to make decisions on their behalf if they become unable to do so. There are two distinct types, each covering different areas of life.
The first type concerns property and financial affairs. This LPA gives the attorney authority to manage bank accounts, pay bills, handle investments and make decisions about property. Crucially, it can be activated before the person loses capacity, meaning they can choose to let their attorney take over even while they are still of sound mind. The second type covers health and welfare. This LPA only comes into force once the individual is deemed to have lost mental capacity. It allows the attorney to make decisions about care plans, medical treatment, where the person should live and end-of-life wishes.
John Holdsworth, a board director at The Association of Lifetime Lawyers and an associate at the law firm Coodes, described both types of LPA as “extremely powerful legal documents”. He stressed that having an LPA in place is far preferable to leaving a loved one’s affairs in limbo. If someone loses capacity without an LPA, their family may have to apply to the Court of Protection for the authority to act on their behalf – a process that can be lengthy, costly and stressful.
Why an up-to-date will matters
Alongside an LPA, a properly drafted will is essential. A will sets out how a person wants their assets distributed after death and appoints executors to carry out those wishes. It can also bring comfort to the family. However, as the Gwilliam case demonstrates, a will is only valid if the person making it has testamentary capacity at the time. The legal test for this dates back to the 19th-century case of Banks v Goodfellow. To be capable, a person must understand what a will does, have a general awareness of the extent of their assets, know who might reasonably expect to inherit from them, and be free from any “disorder of the mind” – such as an insane delusion – that would pervert their ability to make rational decisions about their estate. The Mental Capacity Act 2005 adds that the person must also understand all information relevant to the decision and its foreseeable consequences.
The court in Ginger v Mickleburgh gave “little weight” to the evidence of the paralegal who had drafted Mr Gwilliam’s will, highlighting the importance of obtaining independent medical assessments at the time a will is made. Legal practitioners often follow the “Golden Rule” – requiring a formal capacity assessment by a doctor – especially when dealing with older or vulnerable clients. The case serves as a cautionary tale that even a professionally drawn-up will can be challenged if these safeguards are not met.
Six steps to prepare for a loved one losing capacity
John Holdsworth said there are at least six things to consider if a loved one is losing capacity and there is an estate to inherit. The first is to have difficult conversations before it is too late. “Nobody likes to think about a parent, loved one or themselves getting older, becoming vulnerable or reaching the end of their life,” he said, “but planning ahead is key to ensure both wellbeing and security.” At a minimum, families should ensure a lasting power of attorney and an up-to-date will are in place.
The second step is creating a lasting power of attorney, as described above. The third is having an up-to-date will. Holdsworth advised seeking help from a lawyer with training in mental health and capacity law, particularly if the individual is already showing signs of cognitive decline. He noted that while making a will is strongly recommended, it is not compulsory – and if no valid will exists, the intestacy rules will apply.
The fourth step is to have a capacity assessment completed. If there is any doubt about the person’s ability to understand what they are doing, a qualified professional should assess them at the time the will is signed. This creates a contemporaneous record that can help ward off future challenges. The assessment must confirm that the person understands the nature of the will, their assets, the claims of potential beneficiaries and is free from delusions.
The fifth step applies if someone has already lost capacity but a new will is needed. In such cases, an application can be made to the Court of Protection for a “statutory will”. The court will consider the person’s past wishes, the views of family and friends, and make a best-interests decision on their behalf. This route can also be used if a will has been made under suspicious circumstances after the person lost capacity.
The sixth step is applying for deputyship. A deputy is a person appointed by the Court of Protection to make decisions about either property and financial affairs or personal welfare for someone who lacks capacity and does not have an LPA. A deputy can be a professional – such as a lawyer – or a family member. To become a deputy, the applicant must provide medical evidence of the loss of capacity, lodge a detailed application with the court and arrange the necessary insurance. A qualified lawyer can help with the paperwork and can also act as a deputy if the family prefers not to take on the role themselves.
