BTMK Solicitors Limited have been following closely the recent Court case involving the estate of the late Margaret Baverstock, which raises significant questions about the capacity of individuals for a Will to be valid and the potential for undue influence in the estate planning process. This case is particularly relevant for anyone seeking to understand the legal challenges that can arise around the creation of a Will and the rights of beneficiaries when such issues are contested.
The case background
The late Margaret Baverstock passed away in 2021 aged 76 having made a Will at home on her death bed only 8 days before her death despite her declining health and lack of mental capacity.
Margaret had two children (Lisa and John) however, the Will, made only months before her passing, left her whole estate to her daughter only and appointed her daughter as the sole executor. An executor has the authority to deal with an estate and its assets. Their role is to ensure that those assets are distributed in accordance with the Will to the name beneficiaries. It is not uncommon for an executor to also be a beneficiary of a Will. The will itself was a homemade document printed from an online template and drafted by Lisa.
As a result of the Will, the Deceased’s son stood to inherit nothing from her estate which was worth around £700,000.00. Had Margaret not made a Will she would have died intestate meaning her estate would have been distributed in accordance with the Rules of Intestacy which would have resulted in both of her children equally receiving a 50% share of her estate each. The Will therefore meant John no longer inherited a substantial £350,000.00 from his mother’s estate and his sister stood to inherit it all.
The crux of the case revolved around two major concerns: her mental capacity at the time of making the Will and allegations of undue influence by her daughter, who was now the sole beneficiary and executor.
John’s position was that he had a good relationship with his mother, visiting her regularly, and that there had clearly been some undue influence from Lisa. In addition, concerns were raised by other family members who believed that Margaret was not in a sufficient state of mind to make such decisions and that she had been unduly influenced in the process and/or was able to understand the effect of making a Will leaving her estate solely to Lisa.
Making a valid Will
To make a valid Will, the following key elements must be in place:
- You must be 18 years of age
- The Will must be in writing
- You must be of sound mind.
For a Will to be valid, you must have the mental capacity to understand the nature and consequences of the document you are signing. This means you should be able to:
- Understand that the document you are signing is a Will and it will determine the distribution of your estate after your death.
- Understand the extent of your estate and the people who will inherit it.
- Be aware of any claims that others might have on your estate.
- The Will must be made voluntarily.
If there is any undue influence or coercion from others this could invalidate the document, as seen in this recent case.
- The Will must be executed correctly.
A Will must be sign it in the presence of 2 witnesses who are both over 18 and it must be signed by your 2 witnesses, in your presence.
Lack of Mental Capacity
One of the central issues in this case was whether Margaret had the mental capacity necessary to make a valid Will. Under UK law, for a Will to be legally binding, the testator must have the mental capacity to understand the nature and effect of the document they are signing. This includes understanding the extent of their estate, knowing who their beneficiaries are, and comprehending the consequences of their decisions.
In this case, there were allegations that Margaret’s mental state had been compromised by age-related health issues, including cognitive decline. Margaret had been diagnosed with Dementia in 2014 however, an individual being diagnosed with Dementia/Alzheimers does not automatically mean they do not have testamentary capacity to make a Will and it will depend on their diagnosis and the criteria set out above such as whether they understand what they are making and its effects.
However, in this case, medical evidence was relied upon and suggested that Margret may have been suffering from diminished mental capacity at the time the Will was created. Witnesses testified that Margaret appeared confused at various times and was not able to recall details about her estate or the people in her life, raising doubts as to whether she fully understood the implications of her Will.
Further, a video was introduced as evidence showing Margaret did not appear fully present at the Will signing and could hardly hold the pen to sign her Will. The video shows that Marget’s daughter appeared to be holding the pen for her and forcing her to sign the Will. Although Lisa argued this was to aid her mother to sign the Will, the Will must have been signed by Margaret using her own free Will. The video also showed that Margret could only signal her assent to the most basic questions by saying “yeah” or by simply grunting and that she was unable to read the Will herself. The frailness of Margret in the video cast doubt as to whether she was of sound mind to really understand what document she was signing and its effects.
As the Will was a homemade Will, and not a Will made professionally with a law firm there was not a solicitor/trusts and estate practitioner present to evaluate Margaret’s capacity and whether she was of sound mind to be making that Will. Had a solicitor/trusts and estate practitioner been involved in the making of the Will, it is unlikely the Will would have ever been signed as Margret did not possess the necessary testamentary capacity to make a Will at that time.
Undue Influence
In addition to the question of mental capacity, there were serious allegations of undue influence exerted by Margaret’s daughter’s Lisa. Undue influence occurs when someone pressures or coerces an individual into making decisions that they would not have made otherwise. Unfortunately, this is commonly seen in cases such as this especially when an individual is vulnerable, and a family member/friend is able to assert themselves into their lives and influence their decisions.
In this case, John contested the Will and argued that Lisa had manipulated their mother into leaving the estate to her only, disregarding Margaret’s true intentions. John allege that his sister moved into their mother’s home to provide care in 2019 and grew increasingly resentful towards him effectively barring him from visiting his mother at her home.
Evidence was presented in Court showing that Lisa had been heavily involved in her daily life, and there were concerns that this influence could have affected Margaret’s judgment. Witnesses also spoke to instances where Margaret seemed to be following her daughter’s suggestions, leading to suspicions that she may not have made the decision about her estate independently.
Further, the video evidence as mentioned above was challenged by John stating that it showed the Will signing was “not the independent act of the deceased”. It was argued that Lisa clearly had an influence over Margret at the time and forced her into signing a Will which at the time she may not have fully understood its consequences or was manipulated into signing due to her poor health, in which benefited Lisa only. The Will was therefore not made by Margret voluntarily and it was argued that it should be invalid.
The Court’s Decision
The case ultimately came down to the evidence surrounding Margaret’s mental capacity and the influence exerted by her daughter. After a long dispute and a thorough review of medical reports, witness testimonies, and other evidence, the Court concluded that Margaret Baverstock did not possess the mental capacity necessary to make a valid Will at the time of its execution. Further, Margret did not “know and approve” the contents of the Will. The Court also found sufficient evidence of undue influence by Lisa leading to the decision that the Will should be deemed invalid.
Judge Jane Evans-Gordon ruled that Margaret “had no idea what was going on” when the document was signed, thus rendering the Will invalid. The Judge determined that Margaret was incapable of signing her name or understanding what she was being asked to sign. Further the Judge noted that the video showed Margaret barely able to “flicker an eyelid” as one of the witnesses read the contents of the document, adding that Margret did not read the document herself.
The Judge also comment on Margret being unable to hold the pen and sign the Will herself and stated that “Lisa Baverstock physically manhandled the pen into her hand,” adding that Margaret’s eventual signature “bore no resemblance” to a 2017 example of her genuine signature.
The Judge went on to state that “I am satisfied that the deceased had no idea what was going on. She was unable to act independently and, although she responded with a ‘yeah’ or even a grunt when addressed as mum, that was simply a response to being directly addressed and didn’t indicate consent to signing the Will or acknowledging its contents” and “At no point did Margaret ask Lisa for help in signing the Will or direct her to sign the Will on her behalf. Nobody ensured that she understood what was happening by asking her questions about the contents of the Will or asking her to tell them her wishes, and she cannot fairly be said to have signed the Will. Merely reading out the document and asking if she understood it was not enough.”
As a result, the Central London County Court ruled that Margaret died intestate and her estate would be distributed in accordance with the Rules of Intestacy as no other Will had been made in Margret’s lifetime prior to the invalid 2021 Will. Margret’s estate would therefore be divided equally between Lisa and John however, it was ruled that Lisa must pay John’s legal fees incurred as a result of the dispute in the region of £80,000.00.
Bringing a claim against an estate for lack of capacity and/or undue influence
There is no time limit to bring a claim against an estate and/or against an executor/beneficiary for undue influence and/or lack of capacity.
However, if an estate has already been distributed, this can often make brining a claim more difficult as the assets which were once held within the estate have already been divided between beneficiaries and likely used/spent. Although the funds would have to be reimbursed to the estate, this can complicate matters especially if this will impact other beneficiaries through no fault of their own. This is a factor a Judge will have regard to therefore, should you have concerns that a Will is invalid due to undue influence and/or lack of capacity you should take legal advice as soon as possible.
This case serves as an important reminder of the complexities surrounding Wills and estates, particularly in situations where there are concerns about mental capacity and the potential for undue influence. At BTMK Solicitors Limited, we strongly advise anyone who is considering drafting a Will or is dealing with an estate dispute to seek legal guidance early on. It’s essential to ensure that Wills are made properly and that individuals are not subjected to undue pressure, in order to protect both their wishes and their beneficiaries.
If you have any questions about the validity of a Will or require assistance with an estate dispute, BTMK Solicitors Limited is here to help. Our team of experienced solicitors can provide expert advice and representation to ensure that your rights are upheld and your loved ones’ interests are protected. For further information please contact Jessica Dawkins at [email protected], a solicitor within our Contentious Probate team, who will be able to assist you further and deal with any queries you may have in relation to contentious probate matters.
The issues raised within this case can often arise from a testator making a Will themselves at home and not seeking the correct legal advice from a specialist. Should you or a family member require any information about making a Will and ensuring the Will is made correctly, please contact our Private Client Department at 03300 585 222 who will be happy to assist you further.
