An electrician has successfully contested his mother’s will in a significant legal battle that culminated in a Central London County Court ruling. The case revolved around allegations of undue influence concerning the final will of 76-year-old Margaret Baverstock, who died in March 2021, just days after signing a document that excluded her son, John Baverstock, 61, from her estate.

The dramatic events unfolded in the days leading to Margaret’s death, with mounting evidence provided by John suggesting that his sister Lisa Baverstock, 55, manipulated their mother into signing over her assets to her. John claimed that their mother was seriously ill—suffering from advanced dementia, arthritis, and suspected lung congestion—resulting in her being unable to comprehend the implications of signing the will.

The determination of the court was significantly influenced by a video that emerged, showing Lisa physically guiding their mother’s hand to sign the will. John’s barrister, Mark Jones, described this act as “propelling” their mother’s hand into a “pantomime of due execution,” thereby undermining the validity of the will. Judge Jane Evans-Gordon ruled that Margaret lacked the requisite capacity to understand what she was signing, thereby declaring the document invalid.

During the hearing, the court examined various facets of the family’s dynamics, with John’s assertions that his sister’s actions indicated resentfulness towards him. John alleged that Lisa had effectively excluded him from their mother’s care and affairs, particularly moving into their mother’s home in 2019. Tensions escalated prior to their mother’s death, with a significant confrontation in February 2021 regarding concerns over the family property.

In her testimony, Lisa maintained that her mother had been insistent about changing the will to reflect her wishes. “It was basically how my mother wanted her wishes done,” she asserted, while countering John’s claims of neglect. Lisa claimed to have been fully committed to her mother, suggesting John had not maintained sufficient interaction since at least 2017.

Judge Evans-Gordon’s ruling highlighted that Margaret was incapable of signing the will independently due to her physical condition and cognitive status. The judge observed that despite Lisa’s assertions to the contrary, Margaret displayed minimal capacity to engage with the process, often only responding to direct questions with mumbled affirmations. The judge underscored that there was no indication of Margaret indicating a desire for her daughter to sign on her behalf.

In light of the evidence and after ruling that the will had not been validly executed, the judge determined that Margaret had died intestate—without a legally executable will. Consequently, this ruling mandated that John and Lisa Baverstock would now share their mother’s assets equally, totalling approximately £700,000. Additionally, in a further blow to Lisa, she has been ordered to pay John’s legal fees, estimated to reach £80,000, which adds another layer of complexity to this family dispute.

Source: Noah Wire Services