A charity shop volunteer who was disinherited by his mother after she became convinced he tried to murder his brother has won a High Court fight to share her £600,000 fortune.
Background of the Case
Retired electrician Richard Dalton, 68, had been due to split his mother Peggy Dalton's estate with his brother Robert and one of his nephews. However, shortly before her death in 2021, the 93-year-old dramatically changed her will after telling will writers that Richard had stolen £100,000 from her and attempted to kill his brother.
The new will, made in November 2020, left almost all of her £600,000 estate to Robert, 67, and his wife, Carly. Richard sued, claiming that Robert and Carly had moved in with Peggy and isolated her from the rest of the family, planting false beliefs in her mind to coerce her into making a new will in their favour.
High Court Ruling
Last week, the case went to the High Court, where Master Katherine McQuail ruled in Richard's favour. She reinstated a previous 2018 will under which Richard gets a one-third share, worth about £200,000. The judge found that Peggy's dementia made her mentally incapable of making a valid will and that she was under the undue influence of Robert and Carly.
Master McQuail stated that Peggy's mistaken belief in Richard's supposed attempt to kill Robert was either due to her misunderstanding while suffering from dementia or false beliefs planted by her son and daughter-in-law. She also ordered Robert and Carly to pay Richard's legal costs of £190,000, which will almost completely wipe out Robert's share under the 2018 will.
Family History
The court heard that Peggy married her late husband William at age 30 and had four children: Richard, Robert, David, and Christine. She worked as a cleaner when they were young. William suffered a devastating road accident that left him brain damaged, and Peggy nursed him until his death in 2008.
After losing two of her children—Christine in 2015 and David in 2018—her estate, largely made up of her home in South Godstone, Surrey, was due to be split under the 2018 will between Richard, Robert, and grandson Vincent. The November 2020 will was a radical departure, cutting Richard out entirely.
Allegations of Undue Influence
Richard's barrister, Julian Reed, told the court that before Robert and Carly moved into Peggy's home in early 2020, they had not had a relationship with her for some time. Robert called himself "the black sheep of the family." Almost immediately after moving in, a power of attorney was made, putting Robert in control of her affairs, and Peggy was isolated from family and medical professionals.
Mr Reed argued that this isolation afforded Robert and Carly time to coerce Peggy into making a will favourable to them. He pointed out that social services had concerns that Robert was taking money from Peggy and had a drug habit, and that Richard had never been charged with attempted murder. The only logical reason for Robert to provide a false account was to unduly influence Peggy against Richard.
Judgment
Master McQuail declared the will invalid due to lack of proper execution, lack of testamentary capacity, and want of knowledge and approval. She also found undue influence on the part of Robert and Carly. She noted that they kept Peggy socially isolated and were present when instructions for the will were given.
Speaking after the hearing, Richard said his mother was a "very special individual" who always found a reason to smile. "She never judged anyone and always did the right thing," he said. "We hope she would be proud of us for sticking with this until the end."
