A judge has ruled that a woman’s attempt to claim her dying mother’s £700,000 estate was invalid, after evidence showed that she physically moved her mother’s hand to sign the will. The case, heard at the Central London County Court, has reignited discussions around the importance of mental capacity in legal documentation.
Disputed Will Leaves Son with Nothing
The legal dispute arose following the death of 76-year-old Margaret Baverstock in March 2021. Margaret, who had been battling dementia since 2014, had reportedly signed a will just eight days before she died. The document left her entire estate, valued at approximately £700,000, to her daughter Lisa, while completely cutting out her son, John.
John, 61, challenged the will in court, arguing that his mother lacked the mental capacity to make such a significant legal decision. His legal team presented compelling evidence, including video footage that allegedly showed Lisa moving Margaret’s hand to sign the document.
Judge Jane Evans-Gordon ruled in John’s favour, stating that Margaret “had no idea what was going on” when the will was signed and that her signature was inconsistent with previous examples.
‘She Didn’t Know What She Was Signing’
The court heard that in the years leading up to her death, Margaret’s cognitive abilities had significantly declined due to her dementia diagnosis. Medical experts confirmed that by 2021, she would not have had the ability to fully comprehend complex legal documents.
Judge Evans-Gordon determined that Margaret lacked testamentary capacity at the time of signing, meaning she was unable to understand the consequences of the document. The ruling meant that the will was invalidated, and Margaret’s estate would be divided equally between her two children under intestacy laws.
Legal and Financial Consequences for Lisa
As a result of the ruling, Lisa not only lost her claim to the entire estate but was also ordered to cover John’s legal costs, which amounted to an estimated £80,000. This highlights the financial risks associated with contesting wills under legally questionable circumstances.
