In 1417 he enfeoffed at Berkeley Castle, shortly before his death, several feoffees to hold all his lands in trust, due to the fact he had no male children as his heirs and that the course of succession then seemed unclear. The catalogue entry made by the British Museum librarian Isaac Jeaves for charter number 581 preserved in the muniments at Berkeley Castle records:
The great City of Londontownhouse of the Berkeleys, known as "Berkeley's Inn", was at Puddle Dock by Baynard's Castle, close to the Blackfriars Monastery. Thomas FitzNicholl, one of the witnesses, was many times MP for Gloucestershire, including in 1395 when he served jointly with Gilbert Denys. Nigel Saul states that such feoffees were likely to have been members of Lord Berkeley's retinue. These were very significant positions of trust granted to his feoffees as Berkeley died leaving only a daughter and the succession to the vast Berkeley lands, including the castle itself, became a matter of much dispute amongst his possible heirs resulting in a series of feuds which led in 1470 to the last private battle fought on English soil at the Battle of Nibley Green, between Lord William Berkeley and Viscount Lisle, and there followed the longest dispute in English legal history, which did not end until 1609.
He died on 13 July 1417 and was buried in the Church of St Mary the Virgin church within his manor of Wotton-under-Edge. His very large chest tomb with Monumental brass on top survives in that church. The brass shows him lying beside his wife, and is very similar to that of his contemporary Sir Maurice Russell at Dyrham, who was the father-in-law of Gilbert Denys, one of Berkeley's feoffees.
Succession
Having died without male progeny the succession to the vast Berkeley estates became disputed, and eventually resulted in the Battle of Nibley Green, the last battle fought in England entirely between the private armies of feudal magnates, fought near Berkeley Castle on 20 March 1469/70 between the troops of Thomas Talbot, 2nd Viscount Lisle and William Berkeley, 2nd Baron Berkeley, later 1st Marquess of Berkeley. Lisle and William Berkeley had long been engaged in a dispute over the inheritance of Berkeley Castle and the other Berkeley lands, as Lisle being heir-general to Thomas de Berkeley, 5th Baron Berkeley and was the Berkeley heir male. Lisle impetuously challenged Berkeley to a battle, and the latter agreed, the battle to be fought the next day at Nibley Green. Lisle was defeated.
