In a recent legal case, a son successfully contested his late mother's £700,000 will after evidence revealed that his sister had physically manipulated their ailing mother's hand to sign the document. The court found that the mother lacked the mental capacity to understand the will's contents, leading to its invalidation.
Case Overview
Margaret Baverstock, 76, was gravely ill with advanced dementia, arthritis, and suspected lung congestion when she purportedly signed a will in March 2021. This will allocated her entire estate, including her Herne Hill, South London residence, to her daughter, Lisa Baverstock, 55. Margaret passed away eight days later.
Contesting the will
Her son, John Baverstock, 61, challenged the will's validity, asserting that his mother was incapable of independently executing the document. He argued that the signing was orchestrated by his sister, Lisa, who physically guided their mother's hand to endorse a will she did not understand.
Crucial to the case was video evidence, submitted by Lisa herself, showing her repeatedly attempting to place a pen into her mother's hand. The footage depicted Lisa "propelling" Margaret's hand to mark the will, while Margaret could only respond with minimal acknowledgment, such as grunts or saying "yeah."
The will in question was a homemade document, drafted by Lisa using an online template, naming her as the sole beneficiary and executor. No measures were taken to ensure Margaret understood the document's contents during its execution.
Court's Decision
Judge Jane Evans-Gordon ruled the will invalid, stating that Margaret "had no idea what was going on" at the time of signing. The judge noted that Margaret's signature on the will "bore no resemblance" to her genuine signature from 2017. The court concluded that Margaret lacked the necessary testamentary capacity and did not know or approve the will's contents.
As there was no other valid will, Margaret was declared intestate. Consequently, her estate will be equally divided between John and Lisa. Additionally, Lisa was ordered to pay her brother's legal costs, estimated to be around £80,000.
Implications
This case underscores the importance of ensuring that individuals have the mental capacity to understand and approve the contents of their wills. It also highlights the necessity of proper execution procedures to prevent undue influence or manipulation, safeguarding the integrity of one's final wishes.
What to Do If You Suspect a Will Has Been Made Fraudulently
A will is a crucial legal document that dictates how a person's estate should be distributed after their passing. However, if you suspect that a will has been made fraudulently, it is essential to take appropriate legal steps to ensure justice is served.
Here at Banner Jones, we have experience in successfully challenging the validity of wills on grounds of forgery/fraud.
To obtain specialist advice on this, or any other concerns about the validity of a will, email our specialist Contentious Probate Solicitors at disputeresolution@bannerjones.co.uk or give us a call.
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