Mother's £1 million home went to the daughter who cared for her; three brothers challenged the will years later

In her latter years Anna Rea changed her will and left her main asset, a South London home, to her daughter Rita who had taken care of her for years. The decision overturned a previous settlement that had split her estate evenly among her four children. After Anna died in 2016, her three sons challenged the new will, alleging that Rita had unduly influenced their mother. There was a long legal battle, including two trials and several appeals. The dispute eventually reached the Court of Appeal, which upheld the 2015 will in 2024.Mother’s £1 million home at the centre of dispute between her childrenAnna had lived at 5 Brenda Road in Tooting Bec, London, since 1964, and the house became the central asset in the family dispute. According to the ProMediate account of Rea v Rea, Anna had four children including 3 sons named Remo, Nino and David, and one daughter Rita. Her 1986 will had divided her estate equally between the four.By 2015, the family situation had changed considerably. Anna had suffered a heart attack in 2009 and needed increasing support. Rita moved back into the family home and became her principal carer. The 2023 High Court judgment recorded that Rita lived with her mother from 2009 and that the extent of the care she provided was not disputed, although the brothers and Rita disagreed about their own involvement in caring for Anna.The value of the property was substantial. The original court evidence described the house as worth about £750,000 at the time of the 2015 will, while later reports put the value at close to £1 million. The home was effectively the main asset of Anna's estate.What changed in Anna Rea's final willOn 7 December 2015, Anna signed a new will prepared by solicitor Savita Sukul. It gave the house to Rita, while the remainder of the estate was still divided equally between the four children. The will also recorded Anna's reasons for treating her daughter differently, pointing to Rita's years of care and her view that her sons had not provided the assistance she expected.The change was significant because the earlier will had remained in place for nearly 30 years. The brothers later argued that the new arrangement was not the result of their mother's independent decision.This was not just a legal case of Anna changing her mind or not. Her sons challenged the will on a number of grounds including lack of testamentary capacity, lack of knowledge and approval, undue influence and fraudulent calumny. The central issue eventually became whether Rita had coerced her mother into making the change.Why did the three brothers challenge the willThe brothers questioned the circumstances surrounding the new will and argued that their mother's age, frailty and dependence on Rita made her vulnerable. They also pointed to Rita's involvement in arranging the solicitor's appointment and the fact that the new will was not disclosed to them before Anna died.The High Court's 2023 retrial accepted several of those concerns. Judge Hodge KC found that Anna had the mental capacity to make a will and understood what the document contained, but concluded that Rita had exercised undue influence over her. The judge therefore declared the 2015 will invalid and restored the position under the 1986 will.That ruling was not the final word, however. Rita appealed, taking the dispute back to the Court of Appeal.Decision taken by Court of AppealIn February 2024, the Court of Appeal unanimously allowed Rita's appeal and restored the 2015 will. The judges concluded that the evidence did not establish the level of coercion required to prove undue influence in a will.FootAnstey reported that the court considered there was a rational explanation for Anna's decision. Rita had lived with her and cared for her for years, while Anna believed her sons had not provided the same level of care. The court also considered the evidence from the solicitor and GP who had been involved in preparing and witnessing the will.Paul Robinson's legal analysis reported that the case reaffirmed an important distinction regarding inheritance disputes. Influence, persuasion, family disagreement or dependency do not automatically amount to undue influence. The evidence must show that the person's free choice was overcome by coercion.How did professional checks affect the final rulingThe preparation of Anna's will became particularly important during the appeals. The solicitor had taken instructions directly from Anna and was satisfied that she understood what she wanted. She also arranged for Anna's GP, Dr Sajid Abdul Qaiyum, to assess her capacity because of her age and the substantial change from the earlier will.The GP found Anna capable and did not identify evidence that she was being coerced. Rita was also absent when the final will was executed. These details later carried considerable weight when the Court of Appeal reconsidered the High Court's findings.How long did the family inheritance fight lastAnna died on 26 July 2016, aged 85. The legal proceedings began the following year and continued through an original trial, appeals, a retrial and another appeal. The final Court of Appeal decision came in February 2024, bringing almost seven years of litigation to an end.The route to that decision was particularly complicated. The first trial upheld the 2015 will. A subsequent appeal resulted in an order for a new trial because the brothers had been unfairly restricted in cross-examining Rita. At the 2023 retrial, the brothers succeeded, only for that decision to be overturned by the Court of Appeal the following year.The Court of Appeal had earlier urged the family to consider mediation when it ordered the retrial, warning about the emotional and financial consequences of continuing the dispute. The case nevertheless continued through another trial and appeal.The final ruling meant that Anna's 2015 will remain valid. Rita retained the gift of the Tooting Bec family home, while the remainder of Anna's estate was to be divided between all four children according to the terms of that will.You use AI every day. Now get your AI Quotient. Take the AIQ test.