Daughter WINS landmark ruling in opposition to three brothers over £1m fortune
- Rita Rea, 61, cared for mom Anna in her residence as brothers ‘deserted’ her
A faithful daughter who cared for her aged mom till her demise has received an eight-year £1 million inheritance battle in opposition to her three brothers in a landmark authorized ruling that attorneys stated will higher shield others from ‘anybody popping out of the woodwork and anticipating a fast buck’.
Rita Rea, 61, stated she feared she would turn into ‘homeless and bankrupt’ after her brothers claimed she had pressured her mom Anna into writing a brand new will that left her £1 million London residence solely to her.
The High Court heard the brothers had been disinherited as a result of that they had ‘deserted’ their mom and had barely helped together with her care, whereas Rita had moved into her mom’s residence to take care of her.
The brothers, Remo, Nino and David, first took authorized motion after their mom Anna died in 2016 on the age of 85.
But the Court of Appeal lastly dominated on Friday that Rita had not put her mom below undue affect to signal her entire property over to her.
Devoted daughter Rita Rea (left) who cared for her aged mom Anna (proper) till her demise has received an eight-year £1 million inheritance battle in opposition to her three brothers in a landmark authorized ruling
David (pictured) and brothers Remo and Nino first took authorized motion after their mom Anna died in 2016 on the age of 85
The Court of Appeal lastly dominated on Friday that Rita had not put her mom below undue affect to signal her entire property over to her (Pictured: the 2 collectively within the late Nineteen Eighties)
Rita Rea, 61, stated she feared she would turn into ‘homeless and bankrupt’ after authorized battle together with her brothers
The High Court heard the brothers had been disinherited as a result of that they had ‘deserted’ their mom and had barely helped together with her care, whereas Rita had moved into her mom’s residence to take care of her
The judges dominated that such circumstances have been usually ‘inherently inconceivable’, which Ms Rea’s attorneys stated will shield individuals from accusations of wrongdoing by disinherited kinfolk in future.
Last evening, Ms Rea stated her brothers had put her via ‘years of hell’ over the ‘outrageous’ claims.
Ms Rea, a former tennis coach, owes her attorneys greater than £280,000 in authorized charges.
But her brothers are prone to be ordered to pay the invoice.
Her solicitor, Paul Britton, stated the ruling was ‘a superb day for many who are there for his or her family members on the finish of life – and a nasty day for anybody popping out of the woodwork and anticipating a fast buck’.
The case started in 2016 when the Rea brothers claimed their sister had put their mom below strain to put in writing the brand new will a 12 months earlier than her demise.
Their arguments have been rejected and Rita received.
The brothers efficiently appealed on a technicality and received a retrial in July 2023, with a High Court choose ruling that Rita had ‘coerced’ their mom into chopping her sons out of the need.
Ms Rea stated her brothers had put her via ‘years of hell’ over the ‘outrageous’ claims
Ms Rea’s attorneys (together with Paul Britton, pictured left) stated the ruling will shield individuals from accusations of wrongdoing by disinherited kinfolk in future
Miss Rea’s brothers claimed she had pressured her mom Anna (pictured in Fifties) into writing a brand new will that left her £1 million London residence solely to her
A retrial in 2023 had meant that the property could be break up 4 methods between the 4 siblings, as directed by the 1986 will (pictured: Rita’s brother Nino with mom Anna)
Ms Rea’s brothers (together with Remo Rea, pictured, outdoors High Court) couldn’t be reached for remark
This resolution had meant that the property could be break up 4 methods, as directed by the 1986 will.
Rita – whose personal prices have been estimated at £150,000 even earlier than the retrial – nearly noticed her share utterly extinguished by the payments of the long-running case.
In making the choice in 2023, Judge David Hodge KC stated the proof instructed Rita had exercised ‘undue affect’ over her frail mom such that she was ‘overborne’.
‘First, there’s Anna’s frailty and vulnerability,’ he stated in his judgment. ‘Wheelchair-bound, onerous of listening to, and requiring fixed care and a focus, Anna’s high quality of life was restricted.
‘She appeared to spend a lot of her life colouring in youngsters’s books. This is to be contrasted with what I discover to be Rita’s argumentative and forceful persona, and her forceful bodily presence.’
After being given 21 days to launch a problem to the choice with the Court of Appeal, it was Miss Rea’s flip to enchantment, resulting in final week’s landmark ruling by Lord Justice Newey, Lord Justice Moylan and Lord Justice Arnold unanimously in her favour.
They dominated that the earlier choose had been flawed to suspect Rita of pressuring her mom simply because she had a ‘forceful persona’ and a ‘bodily presence’.
They additionally stated that the truth that the mom was depending on her daughter didn’t make the change of the need suspicious.
Ms Rea’s brothers couldn’t be reached for remark.