Charity shop worker wins £600,000 inheritance battle after murder accusation

NewsWorld NewsUK NewsA charity shop worker was accused by his mother of trying to murder his own brother; after she left him out of her £600,000 will, a court ruled in his favour A charity shop worker was accused by his mother of trying to murder his own brother; after she left him out of her £600,000 will, a court ruled in his favour Peggy Dalton and Richard Dalton.

Image Credit: The Independent Peggy Dalton’s decision to leave almost all her £600,000 estate to one son and his wife was overturned by the High Court after her other son challenged the will. Richard Dalton, a retired electrician who volunteers at a charity shop, had been excluded from his mother’s inheritance following allegations that he stole money from her and attempted to murder his brother.

The judge found that dementia, isolation and possible undue influence had undermined Peggy’s ability to make a valid will, restoring an earlier arrangement that gave Richard a share of the estate.Richard Dalton wins £600,000 will dispute after murder accusation The dispute centred on a dramatic change in Peggy Dalton’s wishes during the final months of her life.

According to The Independent, her earlier 2018 will provided for her estate to be divided between Richard, his brother Robert and grandson Vincent. However, a new document signed in November 2020 removed Richard from the inheritance altogether, leaving almost everything to Robert and his wife Carly.The decision came after Robert and Carly moved into Peggy’s Surrey home in early 2020.

The couple became closely involved in her financial affairs after a power of attorney was established, while concerns emerged about her growing separation from relatives and healthcare professionals. Peggy had experienced considerable family loss before the inheritance dispute began.

Her husband William died in 2008 after suffering brain damage in a road accident, following years of care from Peggy. The family also lost daughter Christine in 2015 and son David in 2018, leaving Richard and Robert as her surviving sons.Under the 2018 will, Peggy’s estate was expected to be shared between Richard, Robert and Vincent.

However, the November 2020 document represented a substantial departure from that arrangement. It provided £10,000 each for six grandchildren and divided the remaining estate between Robert and Carly.The Independent reported that Peggy told the will writers Richard had taken £100,000 from her and had been charged with attempted murder after attacking Robert.

These allegations became central to the court proceedings, as Richard argued that his mother’s beliefs were mistaken and had been influenced by others.The family circumstances raised concerns Richard’s legal challenge focused on the circumstances in which the new will was made.

His barrister argued that Robert and Carly had moved into Peggy’s home and increasingly controlled her daily life, finances and access to other people.The Independent reported that family members were unable to administer Peggy’s medication, while social workers were denied access.

Medical professionals and relatives had also expressed concerns about Robert and Carly’s involvement in her financial affairs.There is a major difference between a genuine decision to exclude a relative and one made under pressure or based on incorrect information.

Richard had never been charged with attempted murder, although he had been convicted of dangerous driving following an incident involving Robert and their mother’s car.According to the court evidence, Peggy had not witnessed that incident herself.

The judge therefore questioned how she had come to believe Richard had attempted to kill his brother.Dementia affected Peggy Dalton’s ability to make a will Master Katherine McQuail found that Peggy’s mental condition had deteriorated significantly by late 2020.

The judge concluded that dementia had affected her ability to understand the document and the circumstances surrounding her decision.Peggy was hospitalised less than a month after signing the will and later entered a care home, where her dementia was described as quite advanced.

Richard’s legal team argued that her condition made it unlikely she had been mentally capable of making such a substantial change only months earlier.The Institute of Professional Willwriters, explained that testamentary capacity requires a person to understand the nature and effect of making a will, the extent of their estate and the claims of those who might expect to benefit.

Simply expressing a preference or holding a conversation does not necessarily establish that understanding.The institute also stressed that dementia and cognitive decline should prompt careful assessment rather than an assumption that a person can make legally valid decisions.Why did the High Court overturn the 2020 will The judge declared Peggy’s November 2020 will invalid on several grounds, including lack of testamentary capacity, lack of knowledge and approval, improper execution and undue influence.Master McQuail found Peggy had been socially isolated from family members and medical professionals after Robert and Carly moved into her home.

She decided that, even if Peggy retained some ability to make a will, her independent wishes had been overtaken by the influence of the couple.The judge also criticised the will-writing process. Robert and Carly were present when instructions were given, and the will writer had not spoken to Peggy privately or obtained medical evidence to establish whether she was mentally fit to make the document.The ruling restored Richard’s inheritance The High Court reinstated Peggy’s 2018 will, restoring Richard’s one-third share of the estate, estimated at approximately £200,000.

Robert and Carly were also ordered to pay Richard’s legal costs, reported by The Independent at around £190,000.The ruling meant the couple’s inheritance could be substantially reduced by the costs order if they could not pay it from their own finances.

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