In this recent court case, electrician John Baverstock successfully contested a will that left him disinherited from his mother's £700,000 estate. The dispute arose after a shocking video revealed his sister Lisa physically manipulating their dying mother, Margaret Baverstock, to sign the will. Margaret, who was 76 and suffering from dementia, arthritis, and suspected lung congestion, was barely conscious and unable to comprehend the document's contents when she signed it in 2021. Lisa had drafted this homemade will herself, which named her as the sole beneficiary and executor, effectively excluding John from any inheritance. After video evidence emerged showing Lisa propelling her mother's hand to sign, John challenged the validity of the will in court.
The decision
Judge Jane Evans-Gordon ruled that the will was invalid, stating that Margaret lacked the necessary testamentary capacity and had no understanding of what she was signing. Only able to communicate assent by saying the word “yeah” or grunting, Margaret was certainly in no fit mental state to execute a will. As a result, the estate was divided equally between John and Lisa. Karmic retribution came in the form of Lisa being ordered to pay John's legal fees, estimated at a hefty £80,000.
The case highlights the importance of ensuring that testators have full mental capacity when executing wills, and demonstrates the dangers of coercion – even (and maybe especially) from those closest to you.