The High Cost of Invalid Wills: What the Baverstock Case Teaches Us

A recent High Court ruling has highlighted the importance of testamentary capacity and the proper execution when making a will. The case involved the testator, Margaret Baverstock, who was a 76-year-old woman suffering from severe dementia. Margaret’s daughter, Lisa, was seen holding her mother’s hand, guiding her signature on a Will that cut out her brother, John, leaving Margaret’s whole estate (worth around £700,000) to Lisa. The court ultimately ruled the Will was invalid, reinforcing the legal requirement that a person must fully understand the contents of their will when signing it.

What is the test for Testamentary Capacity?
For a Will to be legally valid in England and Wales, the person making it (the testator) must have the mental capacity to do so. This principle is based on the long-standing case of Banks v Goodfellow (1870), which sets out four key criteria for testamentary capacity:

1. The testator must understand that they are making a will and its effects.
2. They must comprehend the extent of their estate.
3. They must be aware of any potential claims against their estate from beneficiaries or excluded parties.
4. They must not be suffering from any disorder or delusion that influences their decisions.

If any of these conditions are not met, the Will may be challenged and ultimately declared invalid, as seen in the Baverstock case.

What Went Wrong in the Baverstock Case?
In March 2021, just days before her death, Margaret Baverstock allegedly signed a new Will that significantly altered her previous one. The new document left her entire estate to Lisa, completely cutting out her son, John. However, video evidence presented in court showed Lisa physically guiding her mother’s hand to sign the document, despite Margaret being largely unresponsive at the time.

The court found that Margaret lacked testamentary capacity due to her advanced dementia. In addition, the act of Lisa moving the pen for her mother called into question the validity of the signature itself, rendering the document legally void. As a result, the estate was distributed according to the previous Will, which divided the assets equally between John and Lisa.

Key Lessons from This Case
Whilst it appears the outcome of this case was a just result, cases of this merit can be incredibly expensive, time-consuming, and not to mention emotionally draining. Here are some key points to consider when making your Will:

• Seeking professional legal advice: A solicitor can ensure that the will is drafted correctly and that the testator’s wishes are clear and legally enforceable.
• Assessing mental capacity: If there is any doubt about a testator’s mental state, an expert assessment can help confirm their ability to make decisions.
• Proper witnessing and execution: A will must be signed in the presence of two independent witnesses, who must also sign the document to confirm that they saw the testator sign.
• Avoiding undue influence: Family members or caregivers should not exert pressure on a person making a will. Any sign of coercion can lead to legal disputes.

How can we help?
At Wilkes, we understand the complexities surrounding will disputes and estate planning. If you have concerns about the validity of a Will, or if you need assistance in drafting a legally sound Will, please contact our Private Client Team on 0121 784 8484.