The dispute heard in the central London county court was in the estate of the late Margaret Baverstock. Margaret’s daughter, Lisa had arranged in March 2021 for a Will to be prepared for Margaret to sign.  Margaret had suffered from dementia since 2014.  The Will which left everything to Lisa was challenged by Margaret’s son (Lisa’s brother).  There were questions as to whether the signature on the Will was in fact Margaret’s.

Lisa produced a video which showed on her case that her mum signed the Will.  The video showed that the mother’s hand was in contact with the pen at the point the “signature” was made.  The problem was, so was Lisa’s.

“Manhandling” the Writing Hand: Was the Will Signed Freely? Concerns Over Coerced Signature

The court found that the document was not validly executed physically. It found Margaret had not signed it. It is important to note here that someone may physically be unable to sign their name.  In such cases, they can just make their mark on the document. It is not a high bar.

Disturbingly, in this case, the Judge felt that Lisa had “manhandled” the pen into her mother’s hand. The barrister acting for Margaret’s son (Lisa’s brother) said that the daughter “propelled” her mother’s writing hand to mark the Will.

Lack of Mental Capacity: Why the Will Was Declared Invalid

Additionally, the court felt that Margaret did not have the requisite capacity to enter into a Will in any event. A person must have capacity when entering into a Will. They must know what they are giving away in their Will and to whom. The Court found that Margaret did not, and the video in fact harmed Lisa’s case in this respect. Margaret can be heard muttering simply “yeah”  in response to questions as to whether she understood what she was signing.  The Judge also felt that Margaret wore a completely blank expression during the reading of the Will back to her.  This supported the view that she did not know what she was doing and on all the evidence before the court, including the 2014 diagnosis of dementia, it found she did not have capacity to enter into the Will.

The Cost of Contesting a Will: A Reduced Inheritance for Lisa

One should also consider that Lisa should have known that her mother’s £700,000 estate would (without the Will)  have been split equally between her and her brother.  This is in fact what the court ordered. She had to pay her brother’s £80,000 legal costs though so instead of inheriting £350,000, she inherits £270,000.

How Can Ridley & Hall’s Will Dispute Solicitors Help

At Ridley & Hall, we have the expertise to assist you should you be involved in a Will dispute. The facts may not be quite like the above but such disputes can be extremely emotional and distressing. We are keen to help you and provide guidance in order that you  may achieve a happy outcome.

Gareth Jones – Solicitor