08 July 2010
Mother’s will forged by ‘spinster sibling’
In an attempt to deny her brother his share of a £300,000 inheritance, an unmarried spinster has been found guilty of forging her mother’s will.
In 1994, Mrs Gale’s will divided her home and the rest of her estate equally between her two children, rocket scientist David and 59-year-old daughter Janice. But, in March 2002, Janice forged codicils to claim sole entitlement to her mother’s fortune.
A codicil is a document that amends, rather than replaces, a previously executed will. Amendments made by a codicil may add or revoke small provisions or may completely change the majority, or all, of the gifts under the will.
London’s High Court heard how Janice Gale altered the will to read: “I wish my daughter to keep the house and everything in the house, and any remaining savings to be divided between my daughter and son, Janice and David.”
Meanwhile, a second codicil, dated February 2004, again claimed that Mrs Gale wished to leave all her property and fortune to Janice, but only “if she wishes”.
Before her mother’s death in 2007, Janice had already begun moving into Mrs Gale’s Essex home. Deputy High Court Judge Jules Sher QC said there was evidence that the two women did not get on and that Mrs Gale had become suspicious of her daughter as she suffered with Alzheimer’s.
Her son, David, had already approached Janice before the court’s involvement, offering to let her stay in the Essex property for as long as she wished, warning that any further legal battles would “end in tears”.
However, the judge ruled in favour of the original 1994 will, claiming that the fraudulent nature of each codicil was likely done so while Mrs Gale deteriorated through Alzheimer’s.
“I have held that both are forgeries. That plainly marks the end of [Miss Gale’s] claim. Her claim must be rejected,” ruled Mr Sher.
Janice Gale was ordered to pay 80% of her brother’s £80,000 legal costs, as the court fell short of full costs out of “compassion” for the unmarried sister, who will be evicted from the property.
Drafting a will is one of the most important legal services you will ever need. It is essential to take care of your family properly and ensure your wishes are remembered upon passing away.
For assistance in drafting your will, or more discussions about codicils, approach your local solicitor today and make sure loved ones are provided for if the worst should happen.