Carole and Stephen Baxter were tragically murdered in April 2023 by their business consultant, trusted friend and de facto carer, Luke D’Wit.
D’Wit orchestrated a calculated scheme to alter the couple’s Will. He ultimately murdered the couple in their home with a view to securing a controlling stake in their thriving shower mat business.
In this article, our Contentious Probate lawyers explore the tragic events, the legal issues surrounding the forged Will, and how the law ensures that crime does not pay.
The murders and forged Will
On 09 April 2023, the Baxters were found dead in their home by their daughter, Ellie.
Toxicology reports later revealed that both Stephen and Carol had been poisoned with lethal doses of Fentanyl, an opioid painkiller.
D'Wit lived nearby and worked for and befriended the Baxters.
In addition, using multiple electronic devices, he posed various fictitious personas, including a fake doctor named Andrew Bowden. He used these identities to manipulate Carrol's medical treatment and gain control over the couple.
Using a further fake persona under the guise of another medic, D'Wit persuaded Stephen and Carol Baxter to undergo a so-called 'liver cleanse'. Sadly, this contained the fatal doses of drugs, which led to their deaths.
The day after Stephen and Carol's death, D'Wit created a forged Will naming himself as a director and 'person of significant control' of the Baxters' successful business, Cazsplash.
Legal outcome: the criminal proceedings
Essex police conducted an extensive investigation, and in mid-2023, D'Wit was arrested.
The court heard how he had planned the murders using his fabricated identities to isolate and control the Baxters, ultimately leading to their deaths.
He was convicted of both murders and sentenced to life imprisonment with a minimum term of 37 years.
Estate and Will
The forged Will created by D'Wit was a key piece of evidence in his conviction.
It helped to highlight that he had a motive for the killing: to benefit financially from the estate.
As the Baxters did not draft the Will and it was fraudulent, it held no legal standing.
The legitimate estate and business interests of Stephen and Carol were preserved for the proper beneficiaries in accordance with the couple's true testamentary wishes.
Even if D'Wit had been named as a beneficiary in a legitimate Will that had been prepared based upon the Baxters' wishes during their lifetime, he would still not have been able to benefit from it, given his involvement in the couple's deaths.
In England and Wales, the Forfeiture Act 1982 precludes persons guilty of unlawful killing from acquiring a benefit from a consequence of the killing.
Concluding remarks
Tragic cases like this are very rare. However, they can serve as a reminder that human beings will sometimes go to unusual lengths in the interest of financial gain.
Perhaps the best we can do is try to have our affairs in order, including where our estate should pass when we pass, in good time before we think our time is up.
Contact Our Contentious Probate Lawyers
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If you are concerned about the validity of a Will or need expert guidance on Contentious Probate matters, our specialist team is here to help.
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Nicola Moulds
Senior Associate
Nicola has over 15 years of experience acting as a Contentious Probate solicitor. Nicola has specialist expertise in disputes as to the validity of wills, claims against personal representatives, trustees and professionals, applications for the removal of executors, as well as burial disputes.
About Nicola Moulds