{"id":173093,"date":"2025-06-10T13:57:15","date_gmt":"2025-06-10T13:57:15","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/173093\/"},"modified":"2025-06-10T13:57:15","modified_gmt":"2025-06-10T13:57:15","slug":"houseproud-aunt-cuts-great-nephew-out-of-her-400k-will-after-his-parents-suggest-she-go-into-a-care-home","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/173093\/","title":{"rendered":"&#8216;Houseproud&#8217; aunt cuts great-nephew out of her \u00a3400k will after his parents suggest she go into a care home"},"content":{"rendered":"<p class=\"mol-para-with-font\">Two nephews are locked in a \u00a3400,000 will fight over the fortune of a &#8216;houseproud&#8217; widow, who disinherited one side of her family after they suggested she go into a care home.<\/p>\n<p class=\"mol-para-with-font\">Doreen Stock, 86, died childless in 2021 and left her entire estate to her nephew, Simon Stock, and his wife Catherine, who lived only a few minutes from her south\u00a0<a style=\"font-weight: bold;\" target=\"_self\" href=\"https:\/\/www.dailymail.co.uk\/news\/london\/index.html\" id=\"mol-6be85360-45cf-11f0-8e6b-e9782c043624\" rel=\"noopener\">London<\/a>\u00a0home.<\/p>\n<p class=\"mol-para-with-font\">But her Michigan-based great-nephew,\u00a039-year-old Ben Chiswick, has now launched a bid to inherit the lot himself &#8211; despite not visiting or even speaking with her over the phone since his move to the US eight years ago.<\/p>\n<p class=\"mol-para-with-font\">Propulsion engineer Mr Chiswick had been due to inherit her fortune under a previous will written almost 40 years ago in 1986 when he was a baby, but was dramatically disinherited by his great-aunt a year before her death.<\/p>\n<p class=\"mol-para-with-font\">The row erupted after his parents suggested Ms Stock spend time in a care home while they enjoyed a three-week holiday.<\/p>\n<p class=\"mol-para-with-font\">Fighting to reinstate the previous will, Mr Chiswick claims Ms Stock, who he says was a &#8216;fixture in his childhood,&#8217; was too stricken by dementia to properly understand what she was doing when she changed her testament.<\/p>\n<p class=\"mol-para-with-font\">However, Simon and his wife are fighting the case, claiming Mr Chiswick &#8211; who has lived in the US since 2017 &#8211; had no &#8216;meaningful relationship&#8217; with Ms Stock beyond his early years while Mr Stock had been &#8216;the nearest thing to a son she had&#8217;.<\/p>\n<p class=\"mol-para-with-font\">Sitting at Central London County Court, Judge Jane Evans-Gordon heard that &#8216;independent&#8217; and occasionally &#8216;stubborn&#8217; Ms Stock had a deep emotional attachment to her home in Charminster Road, Mottingham, having shared it with her husband Samuel until his death in 2001.<\/p>\n<p>   <img decoding=\"async\" id=\"i-c8e7403c1b4300ba\" src=\"https:\/\/www.europesays.com\/uk\/wp-content\/uploads\/2025\/06\/99210331-14796977-image-a-219_1749543589116.jpg\" height=\"961\" width=\"634\" alt=\"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\" class=\"blkBorder img-share\" style=\"max-width:100%\" loading=\"lazy\" \/>   <\/p>\n<p class=\"imageCaption\">Ben Chiswick, 39, pictured right with father Brent, is challenging Doreen Stock&#8217;s will in the courts after she disinherited him a year before her death<\/p>\n<p>   <img decoding=\"async\" id=\"i-e7f029e5fef2bbd9\" src=\"https:\/\/www.europesays.com\/uk\/wp-content\/uploads\/2025\/06\/99210339-14796977-image-m-221_1749543647208.jpg\" height=\"861\" width=\"634\" alt=\"Doreen Stock, 86, died childless in 2021 and left her entire estate to her nephew, Simon Stock (pictured), and his wife Catherine\" class=\"blkBorder img-share\" style=\"max-width:100%\" loading=\"lazy\" \/>   <\/p>\n<p class=\"imageCaption\">Doreen Stock, 86, died childless in 2021 and left her entire estate to her nephew, Simon Stock (pictured), and his wife Catherine<\/p>\n<p class=\"mol-para-with-font\">Without any children of her own, Ms Stock&#8217;s first will, made in 1986, left her estate to Mr Chiswick, son of her niece Patricia Chiswick and husband Brent.<\/p>\n<p class=\"mol-para-with-font\">The estate principally contains the Mottingham house, which is valued online at about \u00a3400,000.<\/p>\n<p class=\"mol-para-with-font\">The court heard Ms Stock had had a good relationship with the Chiswicks, who helped her with her shopping and visited her regularly.<\/p>\n<p class=\"mol-para-with-font\">She even made a lasting power of attorney in their favour, but before she died revoked the document and changed her will, leaving everything to a nephew on her husband&#8217;s side.<\/p>\n<p class=\"mol-para-with-font\">Challenging the will, Mr Chiswick claims that his great-aunt&#8217;s dementia in her final years means there is serious doubt whether she had the necessary capacity to make the changes.<\/p>\n<p class=\"mol-para-with-font\">And he said the fact there was no discussion with his side of the family about the new will suggested &#8216;something not right&#8217; about her change of mind.<\/p>\n<p class=\"mol-para-with-font\">&#8216;Doreen and I had a really happy relationship and she understood that leaving her estate to me would make a massive difference to my life,&#8217; he said in his evidence.<\/p>\n<p class=\"mol-para-with-font\">For Simon and Catherine, barrister James McKean told the court that Ms Stock had also been close to Simon, who was &#8216;the nearest thing to a son she had,&#8217; contributing to his school fees as a child.<\/p>\n<p class=\"mol-para-with-font\">And although she previously had a close relationship with Mr Chiswick&#8217;s parents, that was ruined when they suggested she go into a care home in 2019.<\/p>\n<p class=\"mol-para-with-font\">Patricia had then arranged for a &#8216;capacity assessment&#8217; for her aunt, which the barrister said led to Ms Stock fearing her independence was being threatened and ultimately changing her will.<\/p>\n<p>   <img decoding=\"async\" id=\"i-5617593816d5ca6d\" src=\"https:\/\/www.europesays.com\/uk\/wp-content\/uploads\/2025\/06\/99210341-14796977-image-m-223_1749543698356.jpg\" height=\"841\" width=\"634\" alt=\"The estate principally contains the Mottingham house, which is valued online at about \u00a3400,000\" class=\"blkBorder img-share\" style=\"max-width:100%\" loading=\"lazy\" \/>   <\/p>\n<p class=\"imageCaption\">The estate principally contains the Mottingham house, which is valued online at about \u00a3400,000<\/p>\n<p class=\"mol-para-with-font\">The court heard there had been &#8216;building resentment&#8217; with the way her power of attorney was being administered, which &#8216;finally boiled over in the summer of 2019 when the Chiswicks made an ill-judged &#8211; though perhaps well-intentioned &#8211; suggestion to Doreen that she spend a period in residential care.<\/p>\n<p class=\"mol-para-with-font\">&#8216;Doreen was, by all accounts, jealously independent. It is little wonder that she found the proposition to be alarming and offensive.<\/p>\n<p class=\"mol-para-with-font\">&#8216;No doubt Doreen was worried about the prospect of going into a home, then was asked to undergo the capacity assessment, and put two and two together.&#8217;<\/p>\n<p class=\"mol-para-with-font\">Within weeks of the assessment, which resulted in a report stating she &#8216;lacked capacity,&#8217; she had begun steps to revoke the power of attorney and make a new will in Simon and Catherine&#8217;s favour, he told the judge.<\/p>\n<p class=\"mol-para-with-font\">Quizzing Patricia Chiswick in the witness box, he added: &#8216;Doreen loved her home and it had been her and Samuel&#8217;s home before his death. There was a deep emotional connection to that property.<\/p>\n<p class=\"mol-para-with-font\">&#8216;Saying to Doreen that she should leave that property and spend some time in a care home was offensive to her, wasn&#8217;t it?<\/p>\n<p class=\"mol-para-with-font\">&#8216;From Doreen&#8217;s perspective, this must have looked a real threat to her independence.&#8217;<\/p>\n<p class=\"mol-para-with-font\">But Patricia denied upsetting the pensioner, insisting that the plan was only ever for a short break in a care home while she and her husband went on holiday.<\/p>\n<p class=\"mol-para-with-font\">&#8216;It was simply a suggestion because we don&#8217;t usually go away for three weeks at a time, and I think she had been quite unwell and her health was deteriorating in general,&#8217; she said.<\/p>\n<p class=\"mol-para-with-font\">&#8216;I was concerned about leaving her and I thought it would be quite nice if she could go somewhere where she could be looked after while we were away.<\/p>\n<p class=\"mol-para-with-font\">&#8216;It was absolutely stressed that it was for three weeks. There was no suggestion she was going to stay there indefinitely.&#8217;<\/p>\n<p class=\"mol-para-with-font\">The Chiswicks did not visit Ms Stock again between the capacity assessment in 2019 and her death in May 2021.<\/p>\n<p class=\"mol-para-with-font\">For Patricia&#8217;s son Mr Chiswick, who is the claimant in the case, barrister Simon Lane said that, at the time she made the new will, she was &#8216;vulnerable and was behaving out of character.&#8217;<\/p>\n<p class=\"mol-para-with-font\">The 2019 assessment conducted after the suggestion of a care home move had resulted in an expert&#8217;s finding that she &#8216;lacked capacity,&#8217; he said.<\/p>\n<p class=\"mol-para-with-font\">But Mr McKean said the assessment was deficient, with Ms Stock answering with &#8216;prickly hostility&#8217; when she was quizzed about things that made no sense to her, such as a fire which never actually happened.<\/p>\n<p class=\"mol-para-with-font\">Other assessments around the same time had resulted in findings that she did have capacity, although she was suffering with &#8216;mild&#8217; dementia,&#8217; he said.<\/p>\n<p class=\"mol-para-with-font\">&#8216;Doreen may have had some memory problems, but capacity and memory are different beasts,&#8217; he said.<\/p>\n<p class=\"mol-para-with-font\">&#8216;The court will struggle to find any evidence of impaired cognition or reasoning. On the contrary, Doreen&#8217;s behaviour, values and reasoning were consistent and plausible at all times.&#8217;<\/p>\n<p class=\"mol-para-with-font\">He said there was reason for her to decide to change her will, the last being made more than 30 years previously, and that by then Mr Chiswick &#8211; living and working on the other side of the Atlantic &#8211; would have been &#8216;far from her mind as a beneficiary.&#8217;<\/p>\n<p class=\"mol-para-with-font\">He had not seen her again or even spoken on the phone after moving to the US, while most of the evidence of their relationship came from when he was a child.<\/p>\n<p class=\"mol-para-with-font\">On the other hand, Mr Stock and his wife had been able to visit her regularly, living not far from her in Eltham, south London, he said.<\/p>\n<p class=\"mol-para-with-font\">&#8216;The court can be surprised neither by the making of the disputed will, nor by Doreen&#8217;s choice of beneficiaries,&#8217; he added.<\/p>\n<p class=\"mol-para-with-font\">The judge is expected to give her ruling on the case at a later date.<\/p>\n","protected":false},"excerpt":{"rendered":"Two nephews are locked in a \u00a3400,000 will fight over the fortune of a &#8216;houseproud&#8217; widow, who disinherited&hellip;\n","protected":false},"author":2,"featured_media":173094,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3093],"tags":[51,92,474,12,2499,16,15],"class_list":{"0":"post-173093","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-personal-finance","8":"tag-business","9":"tag-dailymail","10":"tag-finance","11":"tag-news","12":"tag-personal-finance","13":"tag-uk","14":"tag-united-kingdom"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/114659422660655405","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/173093","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=173093"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/173093\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/173094"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=173093"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=173093"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=173093"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}