A legal fight between two siblings over the validity of their dying mother’s Will has demonstrated the risks of leaving the preparation of a Will too late.
Georgia Wookey, Senior Associate in Thrings’ Private Wealth Dispute team takes a look at the case, which saw a dying mother being forcibly assisted to sign a Will, and the dangers faced by those with questionable mental capacity.
What happened?
As reported in the Telegraph, John Baverstock took his sister Lisa Baverstock to court over claims she had forced her late mother Margaret to sign a new Will in March 2021 that cut him out of inheriting any of her £700,000 estate, despite being severely ill with advanced dementia, arthritis and suspected lung congestion.
A video brought forward as evidence showed the now-deceased woman having a pen placed into her hand by her daughter who then physically moved it to make the signature. Eight days later, she passed away.
The ruling from Judge Jane Evans-Gordon found that Ms Baverstock was in no position to understand what was going on at the time due to her condition and had been manipulated into signing the document, created using an online template, which named her daughter the sole beneficiary and executor.
With no formal Will, the estate valued at £700,000 is now to be split between the siblings under the rules of intestacy, with Lisa Baverstock also being ordered by the court to pay her brother’s legal costs, estimated to be around £80,000.
Having a valid Will
With an aging and longer living population and the continued rise of diseases affecting capacity these sorts of will validity challenges and challenges to other important documents, such as powers of attorney, are becoming more common.
Everyone has testamentary freedom, where they can make decisions on their final wishes for their assets and property after death, and so can leave their estate to whoever they choose, so long they have prepared and signed a valid Will.
To be valid, a will must satisfy the formal requirements (it must be signed by the individual and witnessed by two witnesses). An individual must also have capacity to make a will (which means they understand what a Will is and broadly what is in their estate), they must know and approve of the will’s contents, and it must represent their wishes and be entered into of their own violation.
This case is an example of where the final requirement wasn’t satisfied – evidence of Ms Baverstock actively assisting her mother to sign the Will was ruled indicative of the fact that she did not sign her will freely and therefore it may not have represented her true wishes.
Such cases, however, are notoriously difficult to prove, with this being a rare case of actual video evidence having been submitted which was supportive of Mr Baverstock’s concerns. This is why it is important for Wills to be prepared with the assistance of legal advice and updated at pertinent points in life.
Whether you are facing conflict over an inheritance or have concerns over someone’s capacity, Thrings’ Private Wealth Disputes lawyers provide expert guidance to protect your interests. By offering practical, clear and compassionate advice on matters related to contentious Wills and Probate, the team help you navigate these sensitive issues with confidence and security. For more information or to discuss your estate planning needs, get in contact today.
