Daughter loses will dispute claim after alleging forgery and undue influence

Barnaby v Johnson [2019]

This recent will dispute case concerned the estate of Mrs Bascoe and her latest will which was made in 2005 (“the 2005 Will”).

Mrs Bascoe left nominal legacies of £100 and £500 respectively to each of her daughters with the remainder of her estate going to her son. The 2005 Will was prepared by a solicitor and Mrs Bascoe wrote a letter of wishes explaining that she had left a small legacy to her daughters because they had  “shown very little care and concern” towards her and had “both been rude, unpleasant and in some instances physically violent and abusive”.

The son applied to Court to propound the 2005 Will but one of the daughters defended the proceedings alleging that the 2005 Will was invalid on a number of grounds including:

a) Undue influence;

b) Lack of testamentary capacity;

c) Lack of knowledge and approval; and

c) Forgery

The Judge rejected the daughter’s challenge on the basis that there was no independent evidence to support her contentions. He also criticized her evidence for being contradictory and misleading.

In respect of Mrs Bascoe’s testamentary capacity, the judge was persuaded by the comprehensive evidence provided by the solicitor who prepared the will. The Judge was happy that the will had been read to Mrs Bascoe by the solicitor before it was signed. There was no evidence in the medical records to support the suggestion of lack of testamentary capacity. The medical records confirmed a diagnosis of dementia but this was three years after the 2005 Will was signed. The solicitor who prepared the will was satisfied that Mrs Bascoe had testamentary capacity when the will was signed and the Judge accepted that evidence.  

This claim serves as an important reminder to ensure that your will is prepared by an experienced probate solicitor. The solicitor will keep detailed contemporaneous notes of the instructions provided by the testator. The solicitor would also keep a written record to show that they have considered whether the testator has capacity to make the will. The note would also record the execution and witnessing of the will. The courts generally apply considerable weight to the evidence of the solicitor who has met the testator and considered testamentary capacity at the time that the will was prepared.

If you would like information about disputing a will, probate disputes or inheritance disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Our team at George Green LLP are regarded as one of the Midlands' leading teams of will disputes and contentious probate solicitors.

We offer a free initial free telephone consultation and we can often act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.

Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.