Case Study: Will Disputed by Stepdaughter

Unfortunately, many families find themselves at the centre of a dispute when they feel that the contents of a loved one’s will does not reflect their true intentions.

This is the situation that Beverley Neate has now found herself in, after finding out that her stepfather changed his will to leave her an inheritance of £1, in comparison to his previous will where she was set to receive £15,000.

Ray Watts, who passed away in 2021, executed a will in 2019 after he had been admitted to hospital, due to a serious fall. His will left a gift of £15,000 to each of his three children, as well as his stepdaughter, Mrs Neate. The rest of the estate, valued at approximately £250,000, was left to Sue Pope who had first entered Mr Watts’ life after being hired by him as a cleaner.

However, in 2020, Mr Watts executed a codicil to amend his will. The change that he made was to reduce Beverley’s inheritance from £15,000 to £1.

A codicil is a straightforward document that allows a person to make changes to their existing will, without the need to completely re-write. There are no rules about what changes can be made using a codicil. However, it is recommended that codicils only be used for small, straightforward changes to avoid any complications with administering your estate after you die.

The only requirement that must be followed, in order to ensure that the codicil is valid, is that it must be executed in the same way as a will (the testator must sign and date the document in the presence of two witness, who must also sign the document).

After Mr Watt’s death, and Mrs Neate became aware of her small inheritance, she decided to challenge the validity of her stepfather’s will and codicil on the grounds that he did not have the necessary “knowledge and approval”.  

“Knowledge and approval" is a legal term that refers to the requirement that the person making a will or codicil must understand and approve of its contents. Without such, the document would not be considered valid.

At a recent court hearing, Mrs Neate’s barrister stated that Mr Watt’s had been described in hospital as 'confused with a reduced level of consciousness' and that there had been a 'slowing of his thinking'.

Her barrister also drew the court’s attention to evidence that Mrs Pope had played an active role in the in the making of the 2019 will, as she had been the one to contact solicitors to attend to Mr Watts in hospital.

Mrs Neate also claimed that it would have been very out of character for her stepfather to have done something as spiteful as leaving her a “deliberately derisory legacy of £1” in his will, due to them having had a good relationship.

Defending the claim, Mrs Pope’s barrister argued that the claim being brought by Mrs Neate was a challenge based on a 'rather nebulous jumble of allegations', and that the will and codicil were true reflections of Mr Watt’s wishes.

The court heard how the decision made by Mr Watt’s to cut his stepdaughter’s inheritance was due to the ‘disrespectful and distressing’ behaviour she showed such as having changed the locks on his home when he was in hospital.

It was also put to the court that Mrs Pope relationship with Mr Watt’s was far more than her simply begin his cleaner as of 2015, with Mrs Pope becoming his carer and close friend by the time of his death. Therefore, it was ‘neither surprising nor suspicious’ that he wished to make provision for Mrs Pope in his will.

As with most cases that find themselves before the court, this matter is far from straightforward and there will have to be careful consideration given by the Judge when reaching their decision.

This case is currently ongoing, and it will be interesting to see the final outcome.

Our knowledgeable commercial litigation team has experience acting for both Claimants and Defendants in Wills and Probate disputes. Whether you are looking to bring a dispute, or find yourself having to defend one, our solicitors are on hand discuss your matter in detail.

For a free no obligation discussion, please contact us on 0121 355 0011 to see how we may be able to help you.