Add Aunt Cuts Great-nephew out of ₤ 400k will after Care Home Suggestion
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<br>Two nephews are locked in a ₤ 400,000 will contest the fortune of a 'houseproud' widow, who disinherited one side of her household after they [recommended](https://libhomes.com) she go into a care home.<br>
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<br>Doreen Stock, 86, passed away [childless](https://zawayasyria.com) in 2021 and left her entire estate to her nephew, Simon Stock, and his spouse Catherine, who lived just a couple of minutes from her south London home.<br>
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<br>But her Michigan-based great-nephew, 39-year-old Ben Chiswick, has actually now introduced a bid to [acquire](https://rubaruglobal.com) the lot himself - in spite of not going to and even talking with her over the phone because his relocate to the US eight years back.<br>
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<br>Propulsion engineer Mr Chiswick had been due to inherit her fortune under a previous will written practically 40 years back in 1986 when he was a baby, but was significantly disinherited by his great-aunt a year before her death.<br>
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<br>The row appeared after his moms and dads suggested Ms Stock spend time in a care home while they took pleasure in a three-week vacation.<br>
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<br>Fighting to reinstate the previous will, Mr Chiswick claims Ms Stock, who he states was a 'fixture in his childhood,' was too stricken by dementia to correctly comprehend what she was doing when she changed her testimony.<br>
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<br>However, Simon and his partner are combating the case, declaring Mr Chiswick - who has actually lived in the US since 2017 - had no ['meaningful relationship'](https://www.holiday-homes-online.com) with Ms Stock beyond his early years while Mr Stock had been 'the nearby thing to a son she had'.<br>
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<br>Sitting at Central London County Court, Judge Jane Evans-Gordon heard that 'independent' and sometimes ['persistent'](https://leonardleonard.com) Ms Stock had a deep psychological accessory to her home in Charminster Road, Mottingham, having actually shared it with her spouse Samuel up until his death in 2001.<br>
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<br>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<br>
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<br>Doreen Stock, 86, died childless in 2021 and left her entire estate to her nephew, Simon Stock (imagined), and his spouse Catherine<br>
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<br>Without any kids of her own, Ms Stock's first will, made in 1986, left her estate to Mr Chiswick, child of her niece Patricia Chiswick and husband Brent.<br>
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<br>The estate primarily contains the [Mottingham](https://lefkada-hotels.gr) house, which is [valued online](https://woynirealtor.com) at about ₤ 400,000.<br>
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<br>The court heard Ms Stock had actually had a great relationship with the Chiswicks, who assisted her with her shopping and visited her regularly.<br>
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<br>She even made a lasting power of lawyer in their favour, but before she died withdrawed the document and changed her will, leaving everything to a nephew on her partner's side.<br>
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<br>Challenging the will, Mr [Chiswick claims](https://slinfradevelopers.com) that his great-aunt's dementia in her last years implies there is serious doubt whether she had the essential capability to make the changes.<br>[topbuilder.co.za](http://www.topbuilder.co.za/residential-construction-and-building-contractors.html)
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<br>And he stated the truth there was no conversation with his side of the family about the brand-new will suggested 'something not right' about her change of mind.<br>
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<br>'Doreen and I had an actually happy [relationship](https://www.22401414.com) and she understood that leaving her estate to me would make a massive distinction to my life,' he stated in his evidence.<br>
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<br>For Simon and Catherine, barrister James McKean told the court that Ms Stock had also been close to Simon, who was 'the nearby thing to a kid she had,' adding to his school costs as a kid.<br>
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<br>And although she previously had a close relationship with Mr Chiswick's parents, that was destroyed when they suggested she enter into a care home in 2019.<br>
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<br>Patricia had actually then scheduled a 'capability assessment' for her auntie, which the barrister said resulted in Ms [Stock fearing](https://pointlandrealty.com) her independence was being threatened and eventually altering her will.<br>
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<br>The estate primarily contains the Mottingham home, which is valued online at about ₤ 400,000<br>
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<br>Can we gift our child three of the bedrooms in our house to lower estate tax expense?<br>
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<br>The court heard there had actually been 'structure animosity' with the way her power of lawyer was being administered, which 'finally boiled over in the summertime of 2019 when the Chiswicks made an ill-judged - though perhaps well-intentioned - suggestion to Doreen that she invest a period in residential care.<br>
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<br>'Doreen was, by all accounts, jealously independent. It is little wonder that she found the proposition to be disconcerting and offensive.<br>
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<br>'No doubt Doreen was stressed over the possibility of going into a home, then was asked to undergo the capacity assessment, and put 2 and two together.'<br>
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<br>Within weeks of the assessment, which resulted in a report specifying she 'lacked capability,' she had actually begun steps to revoke the power of attorney and make a new will in Simon and Catherine's favour, he informed the judge.<br>
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<br>Quizzing Patricia Chiswick in the witness box, he included: 'Doreen loved her home and it had been her and Samuel's home before his death. There was a deep emotional connection to that residential or commercial property.<br>
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<br>'Saying to Doreen that she should leave that residential or commercial property and invest a long time in a care home was offensive to her, wasn't it?<br>
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<br>'From Doreen's viewpoint, this must have looked a genuine danger to her independence.'<br>
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<br>But Patricia denied disturbing the pensioner, firmly insisting that the strategy was only ever for a time-out in a care home while she and her other half went on vacation.<br>
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<br>'It was just an idea since we do not typically disappear for three weeks at a time, and I think she had been quite unwell and her health was degrading in general,' she said.<br>
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<br>'I was concerned about leaving her and I thought it would be quite good if she might go someplace where she could be taken care of while we were away.<br>
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<br>'It was absolutely stressed out that it was for three weeks. There was no suggestion she was going to remain there indefinitely.'<br>
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<br>The did not check out Ms Stock once again in between the capability assessment in 2019 and her death in May 2021.<br>
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<br>For Patricia's child Mr Chiswick, who is the complaintant in the event, lawyer Simon Lane stated that, at the time she made the new will, she was 'susceptible and was behaving out of character.'<br>
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<br>The 2019 evaluation performed after the idea of a care home move had resulted in a specialist's finding that she ['lacked](https://luxuryproperties.in) capacity,' he stated.<br>
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<br>But Mr McKean said the evaluation wanted, with Ms Stock responding to with 'prickly hostility' when she was quizzed about things that made no sense to her, such as a fire which never actually occurred.<br>
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<br>Other evaluations around the very same time had led to findings that she did have capability, although she was suffering with 'mild' dementia,' he said.<br>[blogspot.com](http://proxymart.blogspot.com/)
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<br>'Doreen may have had some memory issues, but capability and memory are various beasts,' he said.<br>
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<br>['The court](https://www.roomsandhouses.nl) will struggle to discover any evidence of impaired cognition or reasoning. On the contrary, Doreen's behaviour, worths and thinking were constant and plausible at all times.'<br>
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<br>He stated there was factor for her to choose to alter her will, the last being made more than 30 years formerly, and that already Mr Chiswick - living and working on the opposite of the Atlantic - would have been 'far from her mind as a recipient.'<br>
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<br>He had not seen her once again or perhaps spoken on the phone after relocating to the US, while the [majority](https://onedayproperty.net) of the proof of their relationship originated from when he was a child.<br>
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<br>On the other hand, Mr Stock and his wife had had the ability to visit her routinely, living not far from her in Eltham, south London, he said.<br>
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<br>'The court can be surprised neither by the making of the disputed will, nor by Doreen's choice of recipients,' he added.<br>
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<br>The judge is anticipated to give her ruling on the case at a later date.<br>
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