A recent legal battle over the estate of Margaret Baverstock has reinforced the importance of fully considering testamentary capacity and of complying with best practice when drafting a will. The case, which involved a homemade contested will, demonstrates the risks associated where this does not happen.
In this article we provide an overview of the case and highlight the key takeaways. We also advise the necessary precautions to ensure that future disputes surrounding the will’s validity are minimised.
A video showing Margaret Baverstock’s daughter physically guiding her mother’s hand in signing her will was key in a successful will validity challenge by her son. Her signature was held to be 'not the independent act of the deceased', thereby rendering the will invalid. The will, which left Margaret’s £700,000 estate solely to her daughter and disinherited her son, was prepared by her daughter and signed just eight days before Margaret’s death.
At the time of signing the will in 2021, Margaret suffered from advanced dementia, arthritis and suspected lung congestion. The footage, presented by the daughter which she relied on as evidence of her mother’s consent to the execution of the will, had the opposite intended effect and it demonstrated to the court that Margaret struggled to respond to questions. The court therefore concluded that Margaret did not understand the nature and effect of the will, and so lacked testamentary capacity at the time.
The court’s decision was further supported by the principle that to make a valid will, a testator must also know and approve its contents. The evidence showed the court that Margaret did not comprehend what she was signing.
As a result, in the absence of any prior will, Margaret had died intestate and her estate had to be distributed equally to her son and daughter according to the Intestacy Rules.
This recent case reinforces the fundamental protections required for vulnerable, elderly and ill individuals when making a will. Ensuring that a will reflects a testator’s true intentions requires careful oversight, particularly in cases where the testator may be susceptible to undue influence or if they lack mental capacity.
For individuals who lack mental capacity but wish to make a will, the law provides an alternative will called a statutory will. A statutory will can be formally authorised and approved by the Court of Protection under section 18(1) of the Mental Capacity Act 2005. The Court of Protection has the authority to make decisions for those who are unable to make such decisions independently. This process ensures that the individual’s best interests are considered and helps minimise future disputes.
Even when an individual has mental capacity, additional precautions may be necessary to ensure that future disputes surrounding the will’s validity are minimised. To minimise the risk of such challenges it would be prudent to:
The recent Baverstock case serves as a crucial reminder of the importance of proper will execution and the steps that should be taken in preparing wills to protect vulnerable individuals. Whether by evidencing the testator has testamentary capacity, seeking professional advice, or utilising the Court of Protection, taking the right steps can minimise future costly legal disputes and ensure that a person’s final wishes are honoured.
For more information on wills and inheritance disputes or the Court of Protection, please contact our trusts and estates team.
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