Widow and stepsons in £250,000 court battle face £200,000 legal bill

Clash: widow Ailsa Williamson Powell
Paul Keogh

A widow is at war with her stepsons — claiming they are trying to cut her out of her late husband’s fortune.

Ailsa Williamson Powell, 75, was left half of husband David’s £250,000 estate when he died aged 84 in 2012 after a battle with Parkinson’s disease.

Farm manager Mr Powell split the other half between the sons from his first marriage, Richard and Jonathan, in a final will signed in 2009.

However, Richard, 54, a financial advi- ser from Wandsworth, and Jonathan, 55, who lives in the US, now claim their father was too ill from Parkinson’s to understand the changes to his will.

The brothers argue that their stepmother is entitled to just £2,000 from their late father’s fortune and claim that she was the driving force behind his will changes.

Judge Marc Dight, hearing the case at Central London county court, warned that the acrimonious family feud was “uneconomical”, as lawyers’ bills are likely to reach £200,000 — wiping out much of the disputed inheritance.

Her stepsons Richard, left,  and Jonathan outside court (Paul Keogh )
Paul Keogh

Mark Dencer, representing the widow, said it was “inexplicable” that the brothers have taken the case to court.

“This is not a case of genuine concerns reasonably maintained but of attempted self-enrichment should the widow lack the stomach or means to fight,” he added.

Mr Powell married his second wife in the village of Bridge, near Canterbury. His first will, signed soon after the wedding, left his sons the bulk of his estate, with only £2,000 for his new wife.

But he made a second one in 2008, splitting the estate three ways, and then another in 2009, giving half to his wife, a quarter each to his sons and small gifts to a church, a Parkinson’s charity and his grandchildren.

Noel Dilworth, for the brothers, argued that there was nothing to prompt the third will, 18 months after the second, which increased his wife’s share of the money.

“It is clear that it was Mrs Williamson Powell who had driven the process for revision of the will in 2009,” he said.

Mr Powell’s solicitor had recorded that the motive for changing the will was his wife’s suggestion of increasing her share because “she was spending a great deal of time and effort in look- ing after him”, said Mr Dilworth. He also highlighted a £5,000 gift made to Mrs Williamson Powell’s church, saying it was “odd” as Mr Powell was not religious.

However, Mr Dencer told the court there was “nothing unusual” in the 2009 will, which he said “reflects how affection, bonds and obligations deepen over time”.

In her evidence, Mrs Williamson Powell, a former Kent and Canterbury Hospital orthoptist, said the new will was “nothing to do with me — it was David’s decision”.

She went on: “He was able to concentrate on what he wanted to.

“He could read his magazines, his papers, and so on. He was perfectly able to understand his own affairs.” The hearing continues.

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