A heartbreaking family rift has been exposed in the High Court after a terminally ill woman was cut out of her mother's will, leaving her with nothing while her sister inherited the entire £325,000 estate.
The case centred on Patricia Barrett, who believed her mother, Josephine Lavin, had promised her a share of the family home in Surrey. Despite being her mother's primary carer for years, Patricia was stunned to discover upon Mrs Lavin's death in 2017 that she had been completely disinherited.
Her sister, Bernadette Lavin, was named the sole beneficiary of the estate, which included the valuable property. The decision has torn the family apart, culminating in a painful and public legal battle.
A Promise Broken
Patricia, who is now battling a terminal illness, told the court that her mother had repeatedly assured her that she would be looked after. "You will be alright, I will see to it," her mother had said, a promise Patricia relied on while providing care and support.
This created what is known in law as a "proprietary estoppel" claim—a legal argument that it would be unfair to go back on a promise that someone has relied on to their detriment.
The Judge's Final Ruling
However, in a devastating blow, Deputy High Court Judge Robert Miles KC dismissed Patricia's claim. He found that while conversations about inheritance had likely taken place, the evidence of a clear and specific promise was "not strong enough."
The judge concluded that their mother, Josephine Lavin, had made a conscious and deliberate decision to leave everything to Bernadette. He stated that Patricia's contributions to the household, including paying rent at one point, did not outweigh her mother's right to decide who should inherit her wealth.
This ruling leaves Patricia with nothing from the estate and facing a significant legal bill, adding immense financial strain to her already difficult health situation.
