Electrician Triumphs in £700,000 Estate Dispute Following Sister's Coercion of Dying Mother's Will

In a recent court case, an electrician effectively contested his late mother’s £700,000 after proof showed his sister changing their dying mother’s hand to sign the paperwork. The court’s ruling emphasises how urgently Testamentary Capacity and appropriate will administration are needed.

In March 2020 Margaret Baverstock, 76, passed away. Said to have signed a will on the day of her death, she entirely disinherited her son John Baverstock and left her whole inheritance to her daughter Lisa. John, 61, claimed Lisa had manipulated their crippled mother’s hand to get the signature, therefore negating the legitimacy of this will.

John’s proof was mostly camera footage of Lisa leading their mother’s hand to sign the will. Margaret was shown on the video unable to hold a pen or understand the document she was signing. She had significant arthritis and possible lung congestion and had been diagnosed with dementia in 2014. This proof begged serious doubts regarding the legitimacy and authenticity of the will.

Judge Jane Evans-Gordon decided Margaret lacked the Testamentary Capacity needed at the time of the will signature. The judge underlined Margaret’s great fragility, inability to look after herself, and ignorance of the nature or content of the contract she was about to sign. Said the judge, “The deceased lacked knowledge of what was happening.

She was helpless to act on her own and looked totally blank during the will reading.” When the will is void and no other valid will is in effect, Margaret’s estate will be divided following intestacy’s terms. John and Lisa will so get equal halves of the £700,000 fortune. Lisa also has to pay John his expected £80,000 in legal fees.

This instance underlines the great need to make sure people have the mental capacity to carry out a will. Especially in a vulnerable position, it also emphasises the need for appropriate procedures and defences against too strong influence or pressure. Maintaining the integrity of the testamentary procedure depends on family members and solicitors keeping constant awareness.

The Baverstock case serves as a sobering reminder of the possible dangers involved in will and estate planning execution. It underlines the need for explicit, voluntary testimonial behaviour as well as the part the court plays in preserving these values.