Myerson secures granddaughter’s inheritance and removal of executor in High Court victory

Altrincham, Greater Manchester, 26^th October 2026 – Myerson Solicitors has successfully represented a granddaughter in a High Court dispute over her late grandmother’s estate, securing her share of the inheritance and the removal of her uncle as executor.

Myerson’s specialist Contentious Probate team acted for the claimant, Miss James, instructing Tomos Rees of 5 Stone Buildings as counsel. The dispute centred on whether she was entitled to inherit her late father’s share of her grandmother’s estate or whether it should pass to her uncle, the defendant in the proceedings.

In a judgment handed down by Master McQuail, the High Court found in Miss James’ favour, confirming that she was entitled to inherit under section 33 of the Wills Act 1837.

The Court also ordered the removal of Miss James’ uncle as executor, appointed Miss James as the replacement personal representative and ordered her uncle to account to her in respect of the administration of the estate and pay her costs of the proceedings.

The decision clarifies the circumstances in which section 33 of the Wills Act applies and reinforces the need for clear wording where a will is intended to prevent the descendants of a deceased beneficiary inheriting in their place.

The wills dispute

Miss James’ grandmother died in February 2023. Her will, made in July 1994, left the residuary estate to her two sons and included the following provision:

“PROVIDED THAT if the said [ ] and [ ] shall die in my lifetime or after my death before attaining a vested interest leaving issue who attain the age of Twenty One year’s such issue shall take by substitution”.

Miss James’ father died in 2017, six years before his mother, leaving Miss James as his only child. The dispute centred on whether she was entitled to her father’s share of the estate, or whether the entire estate should pass to her uncle as the surviving beneficiary. The proceedings also concerned the administration of the estate and the defendant’s continued suitability to act as executor. Miss James sought his removal under section 50 of the Administration of Justice Act 1985 but first had to establish that she was a beneficiary of the estate.

High Court finds in granddaughter’s favour

The central issue before the Court was whether the wording of the will excluded the operation of section 33 of the Wills Act 1837. Section 33 provides that where a person leaves a gift in their will to a child who dies before them, that gift will ordinarily pass to the deceased child’s own descendants unless the will demonstrates a contrary intention.

The defendant argued that he was the sole surviving beneficiary and that Miss James had no entitlement under the will. He also sought to rely on his understanding of the grandmother’s wishes, arguing that she would not have wanted Miss James to benefit. On behalf of Miss James, Tomos Rees argued that section 33 applied, meaning she inherited in place of her late father, and that the wording of the will did not demonstrate an intention to displace the statutory protection afforded to descendants. The Court agreed.

In reaching her decision, Master McQuail considered several authorities concerning survivorship clauses and confirmed that wording such as “as shall survive me” is not, without more, sufficient to exclude section 33. As the judgment states:

“Silence is not enough to exclude the effect of section 33.”

The Court also rejected the defendant’s reliance on an alleged deterioration in the relationship between Miss James and her grandmother. The will had been executed long before Miss James was born and later events could not assist the Court in interpreting its meaning. The Court concluded that there was no wording in the will clearly indicating that the share of a deceased child should pass entirely to the surviving child rather than to the deceased child’s descendants. As a result, section 33 operated in Miss James’ favour and she was declared beneficially entitled to her late father’s share of the residuary estate.

Having established that she was a beneficiary, Miss James also succeeded in her application to remove her uncle as executor. Under section 50 of the Administration of Justice Act 1985, the Court terminated the defendant’s appointment as personal representative and appointed Miss James in his place.

The defendant was also ordered to account to Miss James in respect of the administration of the estate and to pay her costs of the proceedings.

Important reminder for families and practitioners

The judgment provides an important reminder of the protection section 33 can provide to the children and other descendants of beneficiaries who die before the person making a will.

It also demonstrates that standard survivorship wording will not necessarily be enough to prevent section 33 from applying. Clear and unequivocal wording is required where the intention is for a deceased child’s share to pass elsewhere rather than to their descendants.

Jade Smith, Associate in Myerson’s Contentious Probate team, who acted for Miss James, said: “This was an important outcome for our client, who faced losing her share of her late grandmother’s estate. Wills can be called upon many years after they were originally prepared and, where the wording is unclear, disputes can arise at what is already an extremely difficult time for families. This decision provides helpful clarity on the protection section 33 affords to the descendants of a beneficiary who dies before the person making the will.”

Tomos Rees of 5 Stone Buildings, counsel for Miss James, said:  “This judgment helpfully clarifies the application of section 33 of the Wills Act 1837 when a testator’s child predeceases. The decision underlines that courts will look for a positive intention to exclude the effect of section 33 in the wording of the will and exceptionally by extrinsic evidence. The effect in this case was to confirm that Miss James was substituted as a beneficiary in place of her father and so was entitled to a share of her grandmother’s estate. The decision will apply more broadly to any predeceasing beneficiary who is a descendant of a testator and so will be of particular interest to will drafters and practitioners.”

Myerson Solicitors is a Top 200 UK law firm and is ranked as a Top Tier firm by The Legal 500. Its specialist Contentious Probate team, led by Helen Thompson, is one of the largest in the North West and advises clients nationally on complex disputes involving wills, inheritance, trusts and the administration of estates. In 2025, the team was named Best Contentious Wills & Probate Team (Large) at the British Wills and Probate Awards, recognising its legal expertise, courtroom experience, national reach and commitment to client care. Tomos Rees is a barrister at 5 Stone Buildings, a leading Chancery set specialising in trusts, wills, estates, Court of Protection, tax and related areas of law.