Ensuring capacity and clarity: Lessons from the Baverstock Will dispute

A recent case has highlighted the importance of an individual having the necessary capacity, understanding and knowledge to execute a Will.

Margaret Baverstock passed away in 2021, shortly prior to her death a Will was executed by Ms Baverstock with the assistance of her daughter, Lisa (“the Will”). A video was taken by Lisa evidencing the signing of the Will. The video appears to show Lisa putting a pen into Ms Baverstock’s hand and guiding her hand as she signs the Will. At the time the Will was executed, Ms Baverstock was said to be suffering from dementia. This video later became the central evidence in a claim for invalidity of the Will brought by Ms Baverstock’s son (who, if the Will was held to be valid, would not inherit).

Following a trial, the court held that the Will was invalid. The judge stated that she considered Ms Baverstock was unaware of what was happening when the Will was signed.

As Ms Baverstock had no known earlier Will, her Estate will now be dealt with in accordance with the intestacy rules meaning it will be split equally between Lisa and Ms Baverstock’s son.

To execute a Will, a person must have the requisite capacity to do so. The legal test for capacity and the matters that a court will take into consideration upon any challenge are well established. The test the court will apply is as follows:

1. Does the individual understand the nature of the Will and its effect
2. Does the individual have some understanding of the extent of the property of which they are disposing under the Will
3. Is the individual aware of the persons for whom they would usually be expected to provide
4. Is the individual free from any delusion of the mind that would affect their dispositions to those people

Further, as appears to be the case here, it is necessary that an individual is both aware and approves of the contents of their Will. The burden of proof in relation to a deceased’s  knowledge and approval of the contents of the Will falls on the individual seeking to prove the Will. Generally speaking, if a Will has been executed in the correct manner, by an individual with capacity , there is a presumption of knowledge and approval. However, this presumption may not apply where there are suspicious circumstances surrounding the execution of the Will, as was seen in this case.

If you have concerns surrounding a loved ones Will, please call us today on 0113 207 0000.