In a case that underscores the complexities of wills and the importance of ensuring proper legal processes, a woman who guided her dying mother's hand to sign a will has lost a high-stakes legal battle over a £700,000 estate.
The court's ruling is a stark reminder of the significance of testamentary capacity and the risks involved when wills are prepared under questionable circumstances.
Our Contentious Probate lawyers explore the case details and highlight the key legal principles.
The Case
Judgment has been handed down in the highly anticipated legal battle concerning the estate of Margaret Baverstock.
Margaret, 76, passed away in March 2021, leaving behind an estate valued at approximately £700,000.
Eight days before her death, she appeared to have executed a new Will, bequeathing her entire estate to her daughter, Lisa, and disinheriting her son, John.
Margaret had never made a Will previously.
This abrupt change raised suspicions, particularly given Margaret's deteriorating health and diagnosis of advanced dementia.
John contested the Will, asserting that his mother lacked the mental capacity to make such a decision and that the Will should be declared invalid.
Central to the case was a video recording presented by Lisa.
While Lisa intended for the footage to demonstrate her mother's intentions to execute the Will, it depicted Lisa physically guiding her mother's hand to sign the document.
Throughout this act, Margaret appeared largely unresponsive, merely uttering occasional affirmations like "yeah" or grunting when addressed.
Judge Jane Evans-Gordon at London Central County Court observed that Margaret "had no idea what was going on" during the signing and that her signature bore no resemblance to previous ones.
Consequently, she declared the Will invalid, stating that Margaret lacked the necessary testamentary capacity and did not know and approve the terms of her Will.
Without a valid Will, the estate was to be divided equally between John and Lisa under the intestacy rules.
Whilst Lisa will inherit £350,000 from her mother's estate, she faces a legal bill of £80,000 to satisfy John's legal costs alone whilst still being liable for her own.
The case highlights the potentially huge costs and consequences for parties who engage in legal proceedings surrounding wills prepared in questionable circumstances and the importance of early legal advice from professionals.
What is testamentary capacity?
For a person to have testamentary capacity, they must meet the following criteria:
- Understand the nature of making a Will – They must be aware that they are making a Will and its effects.
- Understand the extent of their estate – They should understand their assets and how they are distributed.
- Consider any potential claimants – They must appreciate who might have a reasonable claim on their estate (e.g., family, dependents) and make decisions free from undue influence.
- Not suffer from any disorder that affects their decision-making – If a mental disorder influences their decision in a way that leads to irrational or delusional choices, the Will may be invalid.
Why choose Myerson?
If you have concerns about the validity of a Will or other testamentary document, call us for a free initial chat.
Unlike most other solicitors' firms, we have a dedicated team that deals wholly with contentious probate disputes, that is, legal claims about the distribution of deceased persons' estates. We do not simply dip our toes into this area; we live in it.
More importantly, we are not just lawyers. We are real people who are well-used to dealing with clients who have highly emotive cases. We value competence and compassion in equal measure.
Contact our Probate Litigation Team on:
01619414000
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Katie Hayes
Senior Associate
Katie is a Senior Associate in the firm’s probate litigation department, advising clients on a wide range of contentious private client matters.
Her expertise includes will and probate disputes, claims under the Inheritance (Provision for Family and Dependants) Act 1975, trust and estoppel disputes, and claims under the Trusts of Land and Appointment of Trustees Act 1996.
About Katie Hayes