Published: 29/10/2008 00:00 -
Updated: 31/10/2008 10:54
THE four children of a former wealthy Bishop's Stortford estate agent have lost their legal fight over his will.
When Edwin John Watson died his children Catherine Beaven, Marilyn Watson, Edwin Watson and Janet Dixon discovered he had disinherited them in his final will, drawn up in November 2000.
Earlier this month at London's High Court, the four siblings challenged the will, arguing that Mr Watson, 81 when he died in April 2006, lacked the mental capacity to know the implications of what he had done.
But they were opposed by Mr Watson's second wife, Margot, whose lawyer said that, although mentally frail, Mr Watson knew exactly what he was doing and had been generous to his children throughout his lifetime.
Today, Wednesday October 29, Mr Justice Floyd described the litigation as "unfortunate". He dismissed the children's challenge and upheld the 2000 will.
He said there was "nothing irrational" in Mr Watson's decision to disinherit his children, and he had the "necessary testamentary capacity".
"I am entirely satisfied that John Watson had come to the conclusion that he no longer wished to include the gifts to his children," said the judge.
"In doing so, he weighed the claims of his wife against those of his children, and reviewed the extent to which he had benefited them during his lifetime."
Up for grabs was just £50,000, a fraction of Mr Watson's estate, which was valued at around £1.3m and included a house in Holt, Norfolk, where he lived until he died in a care home.
His children had told the court their legal action was more about "truth and justice", and they wanted to see his "true will" - made in January 1998 - implemented.
Under that will, Mr Watson left Catherine, Marilyn and Edwin £10,000 each, and wrote off a £20,000 loan made to Janet and her husband.
The court heard that, after leaving school, Mr Watson served in the RAF during the Second World War, winning the Distinguished Flying Cross in 1944 when his actions as a navigator on a Lancaster bomber over Leipzig helped get the craft out of trouble.
Afterwards Mr Watson worked for his father's estate agency and auctioneering business in Bishop's Stortford, building up one of the largest firms in East Anglia.
Mr Justice Floyd said workaholic Mr Watson had "quite an aggressive personality" and "didn't suffer fools gladly". He did not enjoy close relationships with his children, at least two of whom found him intimidating.
In 1971, Mr Watson left his then wife to go and live with Margot, whom he had met two years previously. Although they were together for the next 35 years, they did not marry until 1997 after he suffered a stroke.
It was not decided at today's hearing whether Mr Watson's children should pay the legal costs of the case - likely to run to six figures - or if they should come out of his estate.
When Edwin John Watson died his children Catherine Beaven, Marilyn Watson, Edwin Watson and Janet Dixon discovered he had disinherited them in his final will, drawn up in November 2000.
Earlier this month at London's High Court, the four siblings challenged the will, arguing that Mr Watson, 81 when he died in April 2006, lacked the mental capacity to know the implications of what he had done.
But they were opposed by Mr Watson's second wife, Margot, whose lawyer said that, although mentally frail, Mr Watson knew exactly what he was doing and had been generous to his children throughout his lifetime.
Today, Wednesday October 29, Mr Justice Floyd described the litigation as "unfortunate". He dismissed the children's challenge and upheld the 2000 will.
He said there was "nothing irrational" in Mr Watson's decision to disinherit his children, and he had the "necessary testamentary capacity".
"I am entirely satisfied that John Watson had come to the conclusion that he no longer wished to include the gifts to his children," said the judge.
"In doing so, he weighed the claims of his wife against those of his children, and reviewed the extent to which he had benefited them during his lifetime."
Up for grabs was just £50,000, a fraction of Mr Watson's estate, which was valued at around £1.3m and included a house in Holt, Norfolk, where he lived until he died in a care home.
His children had told the court their legal action was more about "truth and justice", and they wanted to see his "true will" - made in January 1998 - implemented.
Under that will, Mr Watson left Catherine, Marilyn and Edwin £10,000 each, and wrote off a £20,000 loan made to Janet and her husband.
The court heard that, after leaving school, Mr Watson served in the RAF during the Second World War, winning the Distinguished Flying Cross in 1944 when his actions as a navigator on a Lancaster bomber over Leipzig helped get the craft out of trouble.
Afterwards Mr Watson worked for his father's estate agency and auctioneering business in Bishop's Stortford, building up one of the largest firms in East Anglia.
Mr Justice Floyd said workaholic Mr Watson had "quite an aggressive personality" and "didn't suffer fools gladly". He did not enjoy close relationships with his children, at least two of whom found him intimidating.
In 1971, Mr Watson left his then wife to go and live with Margot, whom he had met two years previously. Although they were together for the next 35 years, they did not marry until 1997 after he suffered a stroke.
It was not decided at today's hearing whether Mr Watson's children should pay the legal costs of the case - likely to run to six figures - or if they should come out of his estate.
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