A disinherited son is taking his claim to London’s High Court for a share of his £43m estate after claiming his father was unable to properly execute his final two wills due to dementia.
Richard Scott’s estate is at the centre of a battle between his eldest son Adam Scott and Jennifer Scott, Richard’s second wife. Richard Scott was a successful businessman, described as a ‘mercurial character’ and ‘ruthless, single-minded’ who built up a valuable property empire, before switching to running giant and lucrative car boot sales.
Richard Scott had fathered six children with his first wife, plus six illegitimate children during that relationship before meeting Jennifer while she was working as his cleaner, beginning a relationship in 1994. They subsequently had a further seven children. They were controversially married in 2016, two years before his death despite protestations from Adam who claimed his father didn’t have the mental capacity to marry such was the development of his dementia. Richard was interviewed by four registrars and a lawyer from the local council, who cleared him to go ahead with the wedding.
Two months after the marriage Richard signed two disputed wills which disinherited Adam and left Jennifer executor and a major beneficiary.
Adam claims his father lacked capacity at the time, arguing a previous will, which gave him the right to buy his dad’s farm for its probate value. should be upheld. A separate proprietary estoppel claim has also been lodged. Adam Scott’s solicitor, Alison Parry, Head of Private Wealth Disputes at JMW, said her client had given up ‘many years of his life and a promising alternative career to work side-by-side with his father, at his father’s request, for almost all his life’ only to be left empty handed.
“After seven long and difficult years litigating this case, my client is pleased it will finally reach a conclusion, providing all parties with a resolution.”
The court has heard evidence from psychiatric expert Dr Hugh Series, there were “objective indicators of changes in Richard’s behaviour” around the time he signed the disputed wills, which could raise questions about his mental state and capacity.
His behaviour became erratic with reports that he ‘hit another car with his car at the car boot sale’ and of other ‘poor behaviour’ including ‘punching wife, pushing and grabbing children…six years into a dementia diagnosis,’ Dr Series said. His wife was so worried about him, she slept in another room and locked the door he said, adding that there had been reports of him ‘attacking the door with a hammer and a screwdriver and [having] to be stopped by his children.’
In response Alex Troup KC, for Jennifer and her children, told the judge the behaviours was the result of being prescribed dementia drug Donepezil, having been wrongly diagnosed with Alzheimer’s. Troup said his behaviour improved once he was no longer on the drug. He added Richard has a temper, attributing the ‘attack’ to his volatile nature; ‘ (he) could turn on anyone without warning,” he said. Medical experts called by Jennifer Scott added although Richard Scott had been struggling to speak because of his dementia, it was Richard’s ability to express himself, rather than his ability to comprehend, which had been affected by the progressive disease.
The proprietary estoppel claim should also be disregarded because Richard Scott was ‘an inherently unreliable character, whose track record was of breaking promises’ said Mr Troup.
The trial continues.
