Contested estate of dementia patient highlights concerns over execution of wills

A recent court case highlights the risks associated with questionable will executions. A 76-year-old woman with dementia “had no idea what was going on” when her daughter guided her hand to sign a will, a court has heard.

Margaret Baverstock, who was gravely ill and in the final days of her life in March 2021, allegedly signed a will that left her entire estate to her daughter Lisa. However, Margaret’s son, John, challenged its validity, claiming that his sister had become increasingly resentful towards him over their mother’s estate.

Central to John’s case was a video, submitted to the court by Lisa herself, showing her physically guiding their mother’s hand to sign the document while Margaret appeared unaware of what was happening. The will, an off-the-shelf template downloaded from the internet, named Lisa as the sole beneficiary and executor.

Judge Jane Evans-Gordon ruled that Margaret lacked testamentary capacity and did not understand or approve the contents of the will. She noted that Margaret was physically unable to sign on her own, stating:
“[Margaret] could not sign it herself because she was unable to hold the pen or move her hand to write her name. Lisa manipulated her hand and herself physically, causing the deceased’s hand to move and make marks on the document.”

Lisa defended her actions, arguing that she had made significant sacrifices to care for their mother while John, since 2017, “could not be bothered.” She insisted that their mother had explicitly expressed her wishes to exclude John from inheriting anything.

However, with the will deemed invalid, Margaret was declared intestate, meaning her estate would now be split equally between her two children. Lisa has also been ordered to pay John’s legal costs.

This case highlights one of the reasons that people may feel cautious about will execution, particularly as discussions on electronic wills continue. As estate planning enters the digital age, the challenge lies in ensuring that modern solutions do not compromise the fundamental principles of estate-related freedom and protective safeguards.