At Van Eaton Solicitors, we were recently involved in a high-value will dispute that has received media attention. The case concerned a son challenging the validity of his late mother’s £700,000 will, raising critical questions about testamentary capacity and the integrity of the will-making process.
Key Evidence: The Video
A pivotal piece of evidence in the case was a video presented by Lisa Baverstock herself. The footage showed Lisa placing a pen in her mother’s hand and physically guiding it to sign the will. The video revealed that Margaret Baverstock was unresponsive during the process, and her signature bore no resemblance to her genuine signature from 2017. This evidence played a crucial role in the court’s decision.
The Case Background
Margaret Baverstock, a 76-year-old woman suffering from advanced dementia, arthritis, and suspected lung congestion, purportedly signed a will in March 2021, just eight days before her death. The will left her entire estate, including her home in Herne Hill, south London, to her daughter, Lisa Baverstock. Her son, John Baverstock, contested the will, arguing that his mother lacked the mental capacity to understand the document and that her signature was not an independent act.
The Ruling
Judge Jane Evans-Gordon ruled the will invalid, stating that Margaret Baverstock “had no idea what was going on” at the time of signing. The judge concluded that Lisa had physically manipulated her mother’s hand to sign the document and that Margaret lacked the necessary testamentary capacity—the legal ability to understand and approve the contents of a will. As no other valid will existed, Margaret was declared intestate, such that her estate would be distributed according to the rules of intestacy rather than by the terms within the contested will.
Van Eaton Solicitors’ Role
Van Eaton Solicitors, led by MIss Jo Walia, provided legal guidance and representation to John Baverstock, throughout this complex and emotionally charged case.
Jo Walia is renowned for her dedication to clients and her expertise in civil litigation, particularly in will and probate disputes. Her strategic approach and attention to detail were instrumental in securing this favourable outcome.
The Implications
This case underscores the importance of ensuring that individuals have the requisite mental capacity when creating a will and that the document genuinely reflects their wishes. It also highlights the potential for undue influence or manipulation in will-making, particularly in cases involving vulnerable individuals.
For those considering contesting a will, this case serves as a reminder of the critical steps involved, from gathering compelling evidence to navigating court proceedings. Legal representation is essential to ensure that the rights of all parties are protected and that the deceased’s true intentions are honoured.
What This Means for You
If you believe a loved one’s will may have been created under questionable circumstances, it’s important to seek expert legal advice. At Van Eaton Solicitors, we specialise in will disputes and probate litigation, offering tailored guidance and robust representation to achieve fair outcomes for our clients.
Read More About the Case
For further details, you can explore the coverage of this case in the following publications:
Why Choose Van Eaton Solicitors?
With a proven track record in handling high-stakes will disputes, Van Eaton Solicitors is committed to providing clear, compassionate, and effective legal support. Whether you’re contesting a will or seeking to defend one, our team ensures that your case is handled with the utmost care and professionalism.