The Importance of Mediation and the Risks of a Homemade Will
A recent High Court case highlights the dangers of DIY wills and the devastating impact inheritance disputes can have on families. John Baverstock, won a £700,000 legal battle against his younger sister, Lisa, after a video showed her physically assisting their dying mother in signing a will that cut John out of his inheritance. The court ruled that their mother, Margaret Baverstock, lacked the mental capacity to sign the will, declaring it invalid.
This case underscores two key lessons: the risks of creating a homemade will without legal guidance and the benefits of mediation in resolving family disputes before they escalate into costly legal battles.
The Dangers of a Homemade Will
Homemade wills, often drafted using online templates, might seem like a cost-effective solution, but they can lead to serious legal complications. In the Baverstock case, Lisa had printed a will from an online template and drafted it herself, naming herself as the sole beneficiary and executor. However, without proper legal oversight, the will failed to meet legal standards.
Key risks of DIY wills include:
1. Invalid Execution A will must be properly signed and witnessed to be legally binding. In this case, Margaret was too ill to hold a pen, making her signature legally questionable.
2. Lack of Mental Capacity A person making a will (the testator) must fully understand its contents and implications. Margaret, who suffered from dementia, did not meet this legal requirement.
3. Potential for Undue Influence When one family member is heavily involved in drafting and executing a will, it raises concerns about coercion, as seen in this case.
4. Increased Likelihood of Disputes – Homemade wills are more likely to be challenged in court, leading to expensive and time-consuming legal battles.
A professionally drafted will ensures compliance with legal requirements and reduces the risk of disputes, providing clarity on the testator’s true intentions.
Why Mediation is the Best Option for Family Disputes
The Baverstock case highlights how inheritance disputes can escalate into lengthy and costly court battles. Instead of litigation, families should consider mediation which is a structured process in which an impartial mediator helps disputing parties reach an agreement.
Benefits of Mediation
1. Preserves Family Relationships – Unlike court battles, which often deepen rifts, mediation fosters communication and compromise, helping families maintain relationships.
2. Saves Time and Money – Legal proceedings can take years and cost tens of thousands in legal fees, as seen in this case, where Lisa was ordered to pay her brother’s legal costs of up to £80,000. Mediation is far more cost-effective.
3. Encourages Fair Outcomes – A mediator ensures all parties are heard and guides them toward a resolution that is mutually acceptable, reducing the chances of future disputes.
4. Reduces Emotional Stress – Inheritance disputes are emotionally charged. Mediation provides a less adversarial approach, allowing families to resolve issues with less distress.
Conclusion
The tragic fallout from the Baverstock inheritance dispute serves as a stark warning about the risks of homemade wills and the importance of mediation. Had the will been professionally drafted, or had mediation been used early on, this painful and expensive court battle might have been avoided.
For anyone planning their estate, seeking legal guidance when drafting a will is crucial. Similarly, if disputes arise, mediation offers a more effective, cost-efficient, and compassionate way to resolve them, preserving both wealth and family bonds.