Builder sues sister over £5m will dispute in London

Builder Sues Sister Over Mother’s £5m Estate

A builder is suing his sister over claims she misused their wealthy mother’s £5m-plus fortune. Gary MacDougall, 70, alleges that his sister, Sandra Thomas, 65, spent money on personal expenses, including meals at the Ivy and her daughter’s wedding at the Savoy.

Gary expected to share their mother Jeanne MacDougall’s estate with Sandra and her husband, Lloyd. However, after a will change in 2011 and various property sales, Gary was left with nothing when his mother died in April 2020.

He is now challenging his mother’s last will and claims that Sandra and Lloyd misappropriated funds while she was alive.

Claims of Misuse of Funds

Jeanne MacDougall’s estate was valued at £2.5m at her death. Gary claims that large amounts were spent by Sandra and Lloyd on their family while Jeanne was unable to consent. This included holidays, meals, and the wedding at the Savoy Hotel.

Gary states that two properties he believes should have gone to his family were sold or given to Sandra and Lloyd before Jeanne’s death. One property sold for £900,000 and another, valued at £1.7m, was transferred to them.

Gary is now seeking over £2m in cash and assets by contesting the validity of his mother’s final will and several transactions made during her lifetime.

High Court Proceedings

Sandra and Lloyd are contesting Gary’s claims. They argue that even if some of Jeanne’s money was spent on their family, it was intended for Sandra under her last two wills. They assert that Jeanne was closer to Sandra and had planned for Gary to receive little from her estate.

The case will go to the High Court for a 12-day trial to examine the will’s validity and the transactions involving Jeanne’s money.

Background of the Family Fortune

Gary’s barrister, Harry Martin, explained that the family wealth came from their father, Alexander MacDougall, who had a substantial real estate portfolio. Properties were bought, renovated, and rented out, generating profits.

Gary contributed to this wealth by maintaining the properties through his own company without charge. He claims their parents indicated that both siblings would receive equal financial treatment and inheritance.

Details of the Wills

Following their father’s death, Jeanne made a will in 2008 that provided for a roughly equal split between Gary and his family and Sandra and Lloyd. Under this will, Gary would receive properties, while Sandra and Lloyd would get most of the cash.

However, a 2011 will changed this arrangement, giving all properties to Sandra and Lloyd while they retained most of Jeanne’s savings. Gary claims this will is invalid due to undue influence, as Jeanne was elderly and dependent on them.

Financial Abuse Allegations

Gary alleges that Sandra and Lloyd committed financial abuse while managing Jeanne’s affairs under a power of attorney. He claims over £2m was withdrawn from her accounts from 2012 to 2020, with less than £500,000 benefiting her directly.

In 2017, approximately £362,587.30 was spent from Jeanne’s accounts, including expenses for their daughter’s wedding and other personal costs. Gary estimates that between January 2012 and April 2020, £2,153,049.88 was spent, with only a small portion benefiting Jeanne.

Defense Claims

For Sandra and Lloyd, barrister Alexander Learmonth KC acknowledges that they exceeded their authority but did not act deliberately. They believed they were acting in Jeanne’s best interests based on her previous wishes.

He argues that even under the 2008 will, Sandra would inherit the money spent. Learmonth states that the 2011 will was logical due to the different relationships Jeanne had with her children.

Trial Scheduled

The trial is set for later this year, where the court will determine the validity of the will and the transactions involving Jeanne’s estate.