The decision has been upheld in a disinheritance case in which a daughter attempted to overturn a Will made by her mother that left her with a £100 legacy.
The deceased, Mrs Bascoe, passed away in 2015 aged 96 and had four children and eight grandchildren.
The dispute related to the Will and was primarily between two of Mrs Bascoe’s children, Patricia Johnson and Barnaby Bascoe.
Barnaby was appointed joint executor of the Will with Mrs Bascoe’s solicitor, Mr Wynter. Patricia Johnson argued that Barnaby had caused the 2005 Will to be made through forgery and undue influence, alleging that her mother lacked the capacity to approve changes, as well as the knowledge and approval of the specific terms in the Will.
The High Court recognised that Mrs Bascoe had changed her mind on several occasions before 2005, primarily about the size of the legacies she was going to leave to her children, while another of her children had died during this time.
The draft of the Will from 2005 had no attendance notes available, and reduced Patricia Johnson’s legacy to £100, as well as Beverley’s to £500, with the remainder of the estate being left to Barnaby.
An accompanying note, drafted in 2003, was included with Mrs Bascoe’s Will, stating: “Both my daughters have shown very little care and concern for me in my later years and in particular they have both been rude, unpleasant and in some instances physically violent and abusive towards me and have verbally expressed their lack of care and concern.
“I, therefore, have no desire that they should benefit from my estate over and beyond the legacies I have made in this will.”
The Judge dismissed Patricia Johnson’s claims, stating that her accusation of forgery in the Will would have needed the collusion of three independent witnesses.
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