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[redflagdeals.com](https://forums.redflagdeals.com/official-mortgage-rates-thread-351105/5263/)<br>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 enter into a care home.<br> |
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<br>Doreen Stock, 86, died childless in 2021 and left her entire estate to her nephew, Simon Stock, and his better half Catherine, who lived just a few 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 quote to inherit the lot himself - regardless of not going to and even speaking with her over the phone since his move to the US eight years earlier.<br> |
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<br>Propulsion engineer Mr Chiswick had actually been because of acquire her fortune under a previous will composed almost 40 years back in 1986 when he was a baby, but was dramatically disinherited by his great-aunt a year before her death.<br> |
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<br>The row appeared after his parents [suggested](http://dowlingproperties.com) Ms Stock hang out in a care home while they took pleasure in a three-week holiday.<br> |
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<br>Fighting to renew the previous will, Mr Chiswick declares Ms Stock, who he says was a 'fixture in his youth,' was too [stricken](https://ghurairproperties.com) by dementia to appropriately comprehend what she was doing when she altered her testament.<br> |
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<br>However, Simon and his other half are fighting the case, declaring Mr Chiswick - who has lived in the US considering that 2017 - had no 'significant relationship' with Ms Stock beyond his early years while Mr Stock had actually been 'the closest thing to a boy she had'.<br> |
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<br>Sitting at Central London County Court, Judge Jane Evans-Gordon heard that 'independent' and sometimes 'stubborn' Ms Stock had a deep psychological attachment to her home in Charminster Road, Mottingham, having shared it with her hubby Samuel until his death in 2001.<br> |
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<br>Ben Chiswick, 39, pictured right with daddy 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, passed away childless in 2021 and left her whole estate to her nephew, Simon Stock (imagined), and his partner Catherine<br> |
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<br>Without any children of her own, Ms Stock's very first will, made in 1986, left her estate to Mr Chiswick, boy of her niece Patricia Chiswick and husband Brent.<br> |
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<br>The estate principally contains the Mottingham home, which is valued online at about ₤ 400,000.<br> |
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<br>The court heard Ms Stock had had a good [relationship](https://www.seasideapartments.co.za) with the Chiswicks, who assisted her with her shopping and visited her frequently.<br> |
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<br>She even made a long lasting power of lawyer in their favour, however before she [died withdrawed](https://onestopagency.org) the document and changed her will, leaving whatever to a nephew on her hubby's side.<br> |
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<br>Challenging the will, Mr Chiswick claims that his great-aunt's dementia in her last years means there is severe doubt whether she had the necessary capacity to make the changes.<br> |
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<br>And he said the reality there was no discussion with his side of the household about the new will recommended 'something not right' about her change of mind.<br> |
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<br>'Doreen and I had a truly happy relationship and she comprehended that leaving her estate to me would make a massive distinction to my life,' he said in his evidence.<br> |
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<br>For Simon and Catherine, lawyer James McKean informed the court that Ms Stock had actually also been close to Simon, who was 'the nearest thing to a kid she had,' adding to his school fees as a child.<br> |
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<br>And although she formerly had a close relationship with Mr Chiswick's moms and dads, that was ruined when they recommended she go into a care home in 2019.<br> |
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<br>Patricia had actually then arranged for a 'capacity evaluation' for her auntie, which the barrister stated resulted in Ms Stock fearing her self-reliance was being threatened and eventually altering her will.<br> |
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<br>The estate principally consists of the Mottingham house, which is valued online at about ₤ 400,000<br> |
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<br>Can we gift our child 3 of the bed rooms in our house to lower inheritance tax costs?<br> |
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<br>The court heard there had been 'building bitterness' with the method her power of attorney was being administered, which 'lastly boiled over in the summer of 2019 when the Chiswicks made an ill-judged - though maybe well-intentioned - recommendation to Doreen that she invest a duration in domestic care.<br> |
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<br>'Doreen was, by all accounts, jealously independent. It is little wonder that she found the proposal to be alarming and .<br> |
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<br>'No doubt Doreen was [stressed](https://theofferco.com) over the possibility of entering into a home, then was asked to go through the capacity assessment, and put 2 and 2 together.'<br> |
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<br>Within weeks of the evaluation, which resulted in a report stating she 'did not have capability,' she had actually started actions to withdraw the power of lawyer and make a new will in Simon and Catherine's favour, he told 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 some time in a care home was [offending](https://atflat.ge) to her, wasn't it?<br> |
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<br>'From Doreen's perspective, this should have looked a real hazard to her independence.'<br> |
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<br>But Patricia denied disturbing the pensioner, insisting that the strategy was just ever for a brief break in a care home while she and her hubby went on holiday.<br> |
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<br>'It was merely an idea since we don't generally disappear for 3 weeks at a time, and I think she had been quite unhealthy and her health was degrading in general,' she said.<br> |
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<br>'I was worried about leaving her and I thought it would be quite nice if she might go somewhere where she might be cared for while we were away.<br> |
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<br>'It was definitely 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 Chiswicks did not check out Ms Stock again in between the capacity assessment in 2019 and her death in May 2021.<br> |
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<br>For Patricia's kid Mr Chiswick, who is the [plaintiff](https://libhomes.com) in the event, lawyer Simon Lane said that, at the time she made the brand-new will, she was 'vulnerable and was behaving out of character.'<br> |
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<br>The 2019 [assessment performed](https://kenyapropertyfinder.com) after the idea of a care home move had actually led to an expert's finding that she 'lacked capacity,' he stated.<br> |
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<br>But Mr McKean stated the assessment was deficient, 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 ever actually took place.<br> |
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<br>Other evaluations around the same time had resulted in findings that she did have capability, although she was [experiencing 'mild'](https://avitotanger.com) dementia,' he said.<br> |
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<br>'Doreen may have had some memory problems, but capacity and memory are different monsters,' he stated.<br> |
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<br>'The court will have a hard time to find any evidence of impaired cognition or reasoning. On the contrary, Doreen's behaviour, worths and [thinking corresponded](https://mylovelyapart.com) and possible at all times.'<br> |
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<br>He said there was reason for her to choose to change her will, the last being made more than thirty years previously, which already Mr Chiswick - living and dealing with the other side of the [Atlantic -](https://ivoryafrica.com) would have been 'far from her mind as a beneficiary.'<br> |
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<br>He had not seen her again or even spoken on the phone after relocating to the US, while the majority of the proof of their relationship came from when he was a child.<br> |
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<br>On the other hand, Mr Stock and his better half had actually been able to visit her routinely, living not far from her in Eltham, south London, he stated.<br> |
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<br>'The court can be surprised neither by the making of the disputed will, nor by Doreen's option of recipients,' he included.<br> |
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<br>The judge is anticipated to provide her judgment on the case at a later date.<br> |
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