Aunt Cuts Great-nephew out of ₤ 400k will after Care Home Suggestion

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Two nephews are locked in a ₤ 400,000 will battle over the fortune of a 'houseproud' widow, who disinherited one side of her household after they suggested she enter into a care home.

Two nephews are secured a ₤ 400,000 will contest the fortune of a 'houseproud' widow, who disinherited one side of her family after they suggested she go into a care home.


Doreen Stock, 86, passed away childless in 2021 and left her whole estate to her nephew, Simon Stock, and his wife Catherine, who lived just a couple of minutes from her south London home.


But her Michigan-based great-nephew, 39-year-old Ben Chiswick, has now launched a bid to inherit the lot himself - despite not checking out or even speaking to her over the phone because his transfer to the US eight years earlier.


Propulsion engineer Mr Chiswick had actually been because of acquire her fortune under a previous will written practically 40 years ago in 1986 when he was a baby, but was significantly disinherited by his great-aunt a year before her death.


The row erupted after his parents recommended Ms Stock spend time in a care home while they enjoyed a three-week holiday.


Fighting to renew the previous will, Mr Chiswick claims Ms Stock, who he states was a 'fixture in his childhood,' was too stricken by dementia to properly comprehend what she was doing when she changed her testament.


However, Simon and his spouse are battling the case, claiming Mr Chiswick - who has actually lived in the US since 2017 - had no 'significant relationship' with Ms Stock beyond his early years while Mr Stock had been 'the nearest thing to a boy she had'.


Sitting at Central London County Court, Judge Jane Evans-Gordon heard that 'independent' and sometimes 'persistent' Ms Stock had a deep psychological attachment to her home in Charminster Road, Mottingham, having actually shared it with her spouse Samuel till his death in 2001.


Ben Chiswick, 39, pictured right with father Brent, is challenging Doreen Stock's will in the courts after she disinherited him a year before her death


Doreen Stock, 86, passed away childless in 2021 and left her whole estate to her nephew, Simon Stock (envisioned), and his spouse Catherine


With no kids of her own, Ms Stock's very first will, made in 1986, left her estate to Mr Chiswick, kid of her niece Patricia Chiswick and hubby Brent.


The estate principally consists of the Mottingham home, which is valued online at about ₤ 400,000.


The court heard Ms Stock had had an excellent relationship with the Chiswicks, who helped her with her shopping and visited her routinely.


She even made a long lasting power of attorney in their favour, but before she passed away revoked the document and changed her will, leaving whatever to a nephew on her hubby's side.


Challenging the will, Mr Chiswick claims that his great-aunt's dementia in her final years means there is serious doubt whether she had the essential capability to make the modifications.


And he said the truth there was no discussion with his side of the household about the brand-new will recommended 'something not right' about her change of mind.


'Doreen and I had a truly delighted relationship and she understood that leaving her estate to me would make a massive distinction to my life,' he stated in his evidence.


For Simon and Catherine, lawyer James McKean informed the court that Ms Stock had also been close to Simon, who was 'the nearby thing to a child she had,' contributing to his school charges as a child.


And although she previously had a close relationship with Mr Chiswick's parents, that was ruined when they suggested she enter into a care home in 2019.


Patricia had actually then scheduled a 'capability assessment' for her auntie, which the lawyer stated caused Ms Stock fearing her self-reliance was being threatened and ultimately altering her will.


The estate principally includes the Mottingham home, which is valued online at about ₤ 400,000


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The court heard there had been 'building bitterness' with the method her power of attorney was being administered, which 'finally boiled over in the summer season of 2019 when the Chiswicks made an ill-judged - though maybe well-intentioned - recommendation to Doreen that she spend a period in domestic care.


'Doreen was, by all accounts, jealously independent. It is little wonder that she discovered the proposition to be worrying and offensive.


'No doubt Doreen was fretted about the possibility of entering into a home, then was asked to go through the capacity assessment, and put 2 and two together.'


Within weeks of the assessment, which led to a report stating she 'lacked capacity,' she had begun actions to revoke the power of lawyer and make a brand-new will in Simon and Catherine's favour, he told the judge.


Quizzing Patricia Chiswick in the witness box, he included: 'Doreen enjoyed her home and it had actually been her and Samuel's home before his death. There was a deep emotional connection to that residential or commercial property.


'Saying to Doreen that she should leave that residential or commercial property and spend a long time in a care home stank to her, wasn't it?


'From Doreen's viewpoint, this need to have looked a genuine threat to her self-reliance.'


But Patricia denied disturbing the pensioner, firmly insisting that the plan was just ever for a short break in a care home while she and her spouse went on holiday.


'It was merely a recommendation because we don't usually go away for 3 weeks at a time, and I think she had been rather weak and her health was deteriorating in basic,' she stated.


'I was worried about leaving her and I thought it would be quite good if she could go somewhere where she could be taken care of while we were away.


'It was definitely stressed out that it was for 3 weeks. There was no tip she was going to stay there indefinitely.'


The Chiswicks did not check out Ms Stock once again in between the capability evaluation in 2019 and her death in May 2021.


For Patricia's child Mr Chiswick, who is the claimant in the case, barrister Simon Lane stated that, at the time she made the brand-new will, she was 'vulnerable and was acting out of character.'


The 2019 evaluation carried out after the idea of a care home move had actually led to an expert's finding that she 'did not have capacity,' he stated.


But Mr McKean stated the evaluation was deficient, with Ms Stock answering with 'irritable hostility' when she was quizzed about things that made no sense to her, such as a fire which never ever in fact occurred.


Other evaluations around the same time had resulted in findings that she did have capacity, although she was suffering with 'mild' dementia,' he said.


'Doreen may have had some memory problems, however capacity and memory are different beasts,' he stated.


'The court will struggle to find any evidence of impaired cognition or thinking. On the contrary, Doreen's behaviour, worths and reasoning corresponded and plausible at all times.'


He stated there was factor for her to choose to alter her will, the last being made more than thirty years formerly, and that by then Mr Chiswick - living and dealing with the opposite of the Atlantic - would have been 'far from her mind as a recipient.'


He had actually not seen her again and even spoken on the phone after moving to the US, while the majority of the evidence of their relationship originated from when he was a kid.


On the other hand, Mr Stock and his wife had actually had the ability to visit her routinely, living not far from her in Eltham, south London, he stated.


'The court can be shocked neither by the making of the challenged will, nor by Doreen's choice of recipients,' he added.


The judge is anticipated to offer her judgment on the case at a later date.

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