A mother of two, who survives on state benefits, is locked in a High Court battle with her stepmother after being entirely excluded from her millionaire father's £1.75 million estate.
A Father's Departure and a Late Reconciliation
Emma McDaniel's father, Mark Talbot, walked out of her life when she was just eight months old in 1985. He went on to build a substantial fortune through property investments and successful businesses, including selling a courier firm in 1997 and holding a stake in Berkshire estate agents Cricketts.
Despite a brief phone call when she was 16, Emma had no meaningful contact with her father until 2019. At his mother's urging, Mark Talbot reached out, and the pair developed a belatedly "close" relationship. This included holidays at his £450,000 villa in Portugal and lasted until his sudden death in October 2022.
The Disputed Will and a Claim for Provision
However, Mr Talbot's last will, made in May 2014, remained unchanged. It explicitly left his entire estate to his wife of 36 years, Rosemary Talbot, with whom he had two children. The will stated: "I DECLARE that I have NOT made any provision in my Will for my son Rhys Winstone whom I have never met nor my daughter Emma Winstone who I last saw about twenty years ago."
Emma, 40, is now applying under the Inheritance Act for "reasonable financial provision" from the estate. The court heard she runs a business but earns only about £5,000 annually, relying on a complex mix of benefits including Universal Credit and PIP to support her family.
Her barrister, Aiden O'Brien, argued the 2014 will was made before the reconciliation and that her father's views likely changed. He highlighted Emma's difficult circumstances: both her children have disabilities, her husband has serious health issues, and Emma herself lives with autism, ADHD, fibromyalgia, and chronic fatigue.
The Step-Mother's Defence and a Complex Grief
Representing Rosemary Talbot, barrister George Woodhead urged the court to uphold the will. He argued Mark Talbot had never assumed financial responsibility for Emma during his life and had been clear in his wishes. He also contended the estate represented the joint efforts of the couple and acted as Rosemary's pension.
During the two-day trial at London's High Court, Emma became emotional in the witness box. She disputed the claim that her father's death had no impact on her resources. "It impacted my ability to work," she said, describing complex grief and a feeling that "his death took away my purpose."
Judge Caroline Shea KC has reserved her judgment, which will be delivered at a later date. The case hinges on whether the court finds that Mark Talbot failed to make reasonable financial provision for his daughter, despite their estrangement and subsequent reconciliation.
