A DORSET woman has been ordered to pay back at least £290,000 into her late mother’s estate by a High Court judge following a bitter legal wrangle with her two brothers.
Kenneth and Paul Hart claimed that their sister Susan Burbidge, 47, controlled their mother Phyllis Hart’s finances in the months leading up to the 86-year-old’s death in November 2008. The brothers were asking for the transfer of £290,000 cash and proceeds from the sale of the family home in Beacon Park Road, Upton, to Mrs Burbidge to be reversed.
Although Judge Sir William Blackburne cleared Mrs Burbidge of any wrongdoing, he said her “relationship of influence” over Mrs Hart cast doubt on whether or not the pensioner had acted on her own free will. He also voiced concern Mrs Hart had not understood the letters she signed shortly before she died and said Mrs Burbidge had not convinced him that her mother had been acting independently.
His ruling was that the brothers and other heirs should be restored to the same position they would have been in if the gifts had never been made.
Widow Mrs Hart inherited more than £1million from her husband Ernest, who had a successful marquee business, Ernest Hart and Sons. In 2006, she transferred part of the business premises to Mrs Burbidge.
Kenneth Hart, 67, admitted that he had not visited his mother for at least a year, nor had he sent her any flowers for Mother’s Day.
Mrs Burbidge, of Poole, told the court she had not liked the way her brothers treated their mother.
“It upset mum and I was incredibly protective of mum. My aim was to make sure that in her last few years of life, she was happy.”
She paid £410,000 into court before the case, but must now pay the balance of what her mother gave her, at least £290,000.
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