Nephews Battle Over Widow's £400,000 Estate After Care Home Suggestion Sparks Disinheritance

Simon Stock, who was named as the sole beneficiary in Doreen's final will, and Ben Chiswick, who was the primary beneficiary in a previous will.

Doreen, who had no children, initially left her entire estate to Simon Stock and his wife, Catherine. However, Ben Chiswick, Doreen's great-nephew, is contesting this will. He claims that Doreen lacked the mental capacity to make the changes in her final will due to dementia. Ben argues that a previous will, written in 1986 when he was a baby, should be reinstated, entitling him to inherit the estate.

The situation stems from a disagreement between Doreen and Ben's parents, who suggested she consider a care home. This suggestion reportedly led Doreen to disinherit Ben. Ben, a propulsion engineer based in the United States since 2017, argues that Doreen was a significant figure in his childhood and that she would have wanted him to inherit her fortune.

Simon Stock and his wife are defending the current will, asserting that Ben had no meaningful relationship with Doreen in her later years. They claim that Simon was like a son to Doreen and that he maintained a close relationship with her, unlike Ben, who lived abroad. The court heard that Doreen had a deep emotional attachment to her home, where she had lived with her husband until his death.

The court heard that Doreen had a good relationship with the Chiswicks, who helped her with shopping and visited her regularly. She even made a lasting power of attorney in their favour, but before she died she revoked the document and changed her will, leaving everything to a nephew on her husband's side. Ben Chiswick claims that his great-aunt's dementia in her final years means there is serious doubt whether she had the necessary capacity to make the changes.

The barrister representing Simon and Catherine argued that Doreen's close relationship with Ben's parents deteriorated after they suggested she go into a care home. This suggestion, coupled with a subsequent capacity assessment, led Doreen to fear for her independence and ultimately change her will. The barrister highlighted Doreen's strong attachment to her home and her resistance to the idea of moving to a care facility.

Patricia Chiswick, Ben's mother, testified that the suggestion of a care home was intended as a short-term solution while she and her husband were on holiday. She denied any intention of Doreen staying there indefinitely. The Chiswicks did not visit Doreen again between the capacity assessment and her death.

Ben's barrister argued that Doreen was vulnerable and acting out of character when she made the new will. However, the opposing barrister argued that the capacity assessment was flawed and that Doreen's behavior and reasoning remained consistent. He emphasized that Doreen had valid reasons to change her will, especially considering Ben's absence and Simon's close relationship with her. The judge is expected to deliver a ruling on the case at a later date.