The Case of Ashkettle v Gwinnet Posted by David West , 11/08/2016

The Case of Ashkettle v Gwinnet

The Case of Ashkettle v Gwinnet


The Probate Bureau gets you the expertise and the justice you deserve.

Robert and Dennis Ashkettle approached the Probate Bureau after their mother died when they discovered they had been written out of their Will.


The brothers were surprised to discover they were not entitled to receive an inheritance after their mother’s death. They had always been close to their mum, and therefore surprised that in a recent Will, their sister – Rosalind – was set to be the sole beneficiary of the estate. In the initial Will, the estate was to be divided equally between the three siblings. However, during the period in which their elderly mother went to live with Rosalind, the Will was changed to allow all the inheritance to go to her. Deciding they wanted to challenge this, the Probate Bureau decided to refer the brothers to London based Solicitors Seddons, who went on to represent Robert and Dennis in this landmark case.

In this case the judge concluded that the mother lacked capacity to make a Will at the time it was written. Her medical records showed she suffered from dementia due to Alzheimer’s disease and therefore did not have the capacity for writing the Will at the time it was made.

The judge therefore found that the most recent Will was invalid and therefore the old Will was admitted to probate. What’s more, the judge awarded 100% of the costs against the sister so that Robert and Dennis received their rightful inheritance.

At the Probate Bureau we value ensuring that you receive the correct expertise and advice. We will always seek to ensure you receive the help you need and therefore the results you deserve.

If you want to get a free quote for a Will or a Probate, give us a call on our Freephone number: 0800 028 2837

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