Four charities are involved in a legal dispute with a 95-year-old Alzheimer’s sufferer, who they claim fraudulently altered a friend's will to prevent them from benefitting from a £1.6m estate.
Charities Marie Curie, Action on Hearing Loss, RNIB and the Royal Institute of Cancer care have accused 95-year-old Hazel Turner of fraudulently changing the will of her lifelong friend Dorothy Whelen in 1999, in favour of herself.
Yesterday the High Court heard that Whelen’s original will, made in 1982, left her estate to the four charities, allegedly at the request of her husband. He died in 1989 and she changed her will in favour of her friend and former bridesmaid Hazel Turner in 1999.
After Whelen’s death in 2012 the four charities stepped forward to lay claim to the legacy in line with the original will.
They claim that Whelen’s 1999 will was witnessed in "suspicious”, “extraordinary" and allegedly fraudulent circumstances – with two of its signed witnesses allegedly having no memory of the event, according to the Mirror newspaper.
But a representative for Turner – who was too ill to attend the hearing – said Whelen had repeatedly pledged to bequeath her home to her friend and the later will simply put her wishes into effect.
A representative for Turner’s son, Simon Myerson QC, told the court it was "inherently implausible that she perpetrated a fraud against her closest friend to benefit under her will”.
"Rather, the circumstances confirm that Mrs Whelen intended to bequeath her estate to Mrs Turner," he said, according to the Mirror newspaper.
Myerson argued it was the widow’s husband who had wanted to benefit the charities and it was "unsurprising that Mrs Whelen would wish to make provision for her own affairs in a different manner" after his death.
Whelen’s former home opposite Hampton Court Palace, is currently empty, pending the outcome of the trial.
The charities were contacted for comment but did not wish to respond while the hearing is ongoing.
A spokeswoman for Marie Curie said: “We are awaiting the ruling from the judge and are unable to say more about this legal matter at this time.”
A spokeswoman for RNIB said it would “not be appropriate for us to comment whilst judicial proceedings are still ongoing, but we will make a statement once the judgement has been made”.
Deeper implications
In July, a court of appeal ruled against three charities in the case of a £500,000 will. Some £164,000 was awarded to the estranged daughter of the deceased Melita Jackson’s, against the wishes of the later, despite the Blue Cross, RSPCA and RSPB fighting for a full third of the will each.
The ruling led to concerns by some about deeper implications for the charity sector.
Alex McDowell, chair of Remember a Charity said he was “deeply concerned about the potential impact” of the ruling for charities, “many of whom rely heavily on the kindness of individuals who have chosen to give through their will”.
