When Wills are contested – insights from the Sir Stirling Moss probate dispute

Richard Wilson, Senior Associate

The ongoing High Court dispute arising from the estate of the late Formula 1 legend Sir Stirling Moss offers a vivid illustration of the complexities and emotional strain that often accompany contentious probate proceedings. The case centres on accusations between Sir Stirling Moss’s two children – his son, Elliot, and daughter, Allison – concerning a Will prepared by his third wife, Lady Moss, in 2022.

On his death, the majority of Sir Stirling Moss’ £22million estate passed to Lady Moss (Elliot’s mother and Allison’s step-mother). According to Elliot, it was his father’s wish, and there had been an understanding that, Lady Moss would subsequently pass most of the assets to him. However, when Lady Moss died in 2023 leaving an estate of £27.8 million, her Will prepared in 2022 placed assets into a discretionary trust. The trustees appointed by Lady Moss were Allison and a family friend. Elliot was left in a position where, because of its discretionary nature, he has no automatic right to receive anything from the trust and could be excluded from inheriting entirely.

Elliot contends that his mother’s 2022 Will is invalid because she lacked the mental capacity to create a valid Will at that time (citing deteriorating mental health, alcoholism, depression, and grief-related behaviours following Sir Stirling Moss’ death) and/or that the family friend unduly influenced her to disinherit him. It is Elliot’s position that the 2022 Will should be invalidated and that his mother’s earlier Will, under which he would 75% of the estate, should be restored.

The case has many of the hallmarks of contentious probate litigation: disputes over testamentary capacity, claims of undue influence, accusations of financial mismanagement, and deep emotional fractures between family members. As in many such cases, these tensions have been amplified by the interplay of blended families, substantial wealth, and conflicting recollections of past relationships. It also underscores the value of exploring mediation and negotiation where possible. Even in high‑value estates, litigation can deepen divisions and consume resources that might otherwise be preserved for the family’s future.

With a hearing still to come, the dispute is a reminder of the importance of early, clear, and well‑documented estate planning – particularly in families with complex structures.

If you require estate planning advice contact our tax team and if you find yourself in dispute over the validity of a Will, contact our contentious probate team.