The Central London County Court has ruled that a Will signed on the testator’s deathbed with her daughter’s assistance is not valid. In this article, Nicholas Thompson, a Trainee Solicitor in our Private Client Team, reviews the case.
Margaret Baverstock (“Margaret”) died in March 2021 shortly after signing her now-disputed Will (the “Will”) on her deathbed. The Will, which had been prepared by her daughter, Lisa Baverstock (“Lisa”), using an on-line template, appointed Lisa as sole beneficiary and sole executor of Margaret’s estate. It is believed Margaret had no other valid Will so, prior to making the Will and under the rules of intestacy, Margaret’s estate would be split equally between her next of kin, her children Lisa and John Baverstock (“John”).
On realising Lisa was Margaret’s sole beneficiary under the Will, John took Lisa to court. As part of her defence, Lisa submitted a video which one of the witnesses to the Will had taken which shows Lisa forcing a pen into Margaret’s clenched fist and guiding it to mark the Will. In the audio of the video, Lisa can be heard saying to Margaret, “Think we're just gonna [sic] have to make an X.” So-called ‘S-signatures’ were more common historically when large portions of the population were illiterate. Nowadays, they are mainly used by those unable to write due to either temporary or permanent illness. Such signatures are still legally binding, but are more open to challenge than legible signatures; hence, the need for witnesses to confirm the signing party’s identity. It is, however, worth noting that the Court remarked upon the disparity between Margaret’s signature on the Will and an example of her signature which had been authenticated in 2017.
Whilst challenges to the validity of deeds, especially Wills, has increased significantly in recent years, it was rare in this case that a video of the moment of signing was admitted as evidence. Judge Jane Evans-Gordon, presiding, was therefore able to conclude that Margaret, suffering from severe illness related to advanced dementia, arthritis, and suspected lung congestion, was unable to understand what was occurring or enter into the Will of her own volition.
As a result of this, the Will did not meet the requirements for the testator’s capacity, free will, and representation of their wishes so Margaret was deemed to have died intestate. Margaret’s estate, valued at c.£700,000, will now be shared equally between her children, Lisa and John, with Lisa also paying John’s legal fees, estimated to be c.£80,000.
In England and Wales, individuals have testamentary freedom which allows them to determine to whom their estate should be left as long as they make a valid Will and have capacity to do so. This case highlights the need to ensure that any Will made complies with the Wills Act 1837, especially in ensuring it reflects the wishes of the testator.
We would be happy to assist anyone who may need to update their existing Will or make one for the first time. A professionally drawn Will is always advisable and will minimise the risk of costly litigation.
Please contact Catherine Pugsley or Nicholas Thompson on 0207 222 5381 to discuss this further.