UK · EWHCCourt order
High Court strikes life-interest trust from will for want of knowledge and approval
In Elliott v Bateson [2026] EWHC 2440 (Ch), HHJ Berkley ordered life-interest trust wording struck from a 2022 will after finding the frail testator did not know and approve that change from an outright gift, Solicitors Journal reported on September 24, 2026. An undue-influence claim failed. The judge found the solicitor-proposed trust was inadequately explained given the departure from instructions.
Key points
- High Court struck life-interest trust wording from a 2022 will in Elliott v Bateson.Solicitors Journal
- Citation is [2026] EWHC 2440 (Ch); capacity was not in issue.Solicitors Journal
- Judge found the testator did not know and approve the trust replacing an outright gift.Solicitors Journal
- The solicitor-proposed trust was inadequately explained given the change from instructions.Solicitors Journal
- A separate undue-influence claim against the daughter and son-in-law failed.Solicitors Journal