Two sisters, who were cut out of their father’s will on his deathbed, have launched a legal fight for his £4million estate – claiming he was mentally unbalanced by surviving the Hillsborough disaster.
Thomas Fitzgerald was hours from death and speaking through an oxygen mask when he disinherited his daughters in 2012. The daughters did not need his money, he said, and instead bequeathed his fortune to his new partner and his sisters.
At the High Court the daughters and their mother claimed his experiences at Hillsborough and other traumatic life events left him so emotionally damaged he was mentally unfit to make a will.
The daughters and their mother challenged the will at the High Court in 2014, but the Judge ruled that Mr Fitzgerald knew his own mind.
The Judge rejected claims that he lacked the mental capacity to make a valid will or did not ‘know of and approve’ of its contents and therefore dismissed the case.
But his daughters and their mother, who Mr Fitzgerald was divorcing at the time of his death, are now fighting in the Court of Appeal battle for a share of the Estate on the basis that the deceased did not understand the impact of his will and therefore should be overturned.
The daughters and their mother are arguing that the reason given in the will for leaving out the daughters – that they were not dependents – was wrong. They allege that they had ‘emotional dependence’ on their father.
Will disputes can be very complex and require expert legal guidance to resolve matters as fairly as possible.
At Wrigley Claydon, we fight on your behalf to make this difficult time a little easier, whether you are bringing a claim or you are on the receiving end. We are experienced in this field and have won complex cases for our clients.
As it is an emotional time we deal with our cases sensitively ensuring that all of our clients are happy with each stage of the process and the outcome of proceedings.
If you are looking for Will and Estate dispute solicitors do not hesitate to contact us. Call 0161 785 3534 to speak to to Shalish Mehta, in our civil and commercial litigation department or email sm@wrigleyclaydon.com.
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