Daughter Excluded from £1.1m Inheritance Loses Sibling Court Fight
A Daughter's Court Battle Over Her Mother's £1.1 Million Fortune
A daughter who claimed her brother had "poisoned" her mother's mind to exclude her from a £1.1 million fortune has lost a court case after a judge ruled she did not demonstrate sufficient "love and respect."
Dervishe Halil, who moved to London from Cyprus with her husband in 1952, passed away in 2021 at the age of 94, leaving behind an estate worth £1.1 million. Before her death, her daughter Aysel Gencay, now 72, became involved in a conflict with her brother Dogan Halil, 74, after accusing him of taking control of the basement at their family home in Islington for his own benefit.
This dispute led to Aysel being excluded from her mother’s million-pound estate upon her death. Initially, Mrs. Halil divided her will between her three children — including another brother, Attila — in October 2013. However, over the next five years, she changed her will three times, ultimately leaving everything to her eldest son, Dogan, in 2018.
Aysel then sued her brother as the executor of the estate, arguing that her mother either did not understand the implications of the 2018 will or that it was influenced by undue pressure from Dogan. However, the court rejected her claims, ruling that the 2018 will was valid.
Judge Raeside stated: "I reject the assertion that the deceased had any assistance from Dogan with her will. The evidence makes clear he was simply a dutiful son."
The Dispute Over Family Property and Letters
Aysel accused Dogan of "slicing off" and taking possession of part of the family property for his own benefit. During the court proceedings, it was revealed that Aysel was perplexed when she received a handwritten letter from her mother in 2015, threatening to cut her out of the will unless she apologized and mended relations with Dogan and showed "love and respect."
The letter, addressed to Aysel and Attila, read:
"Your actions have destroyed my life and home. Your actions towards your brother Dogan are very bad and shameful. We saw nothing but goodness from Dogan to all of us."
Three years later, in 2018, Dervishe followed through on her warning by drafting a new will that disinherited Aysel and Attila. She also included a "side letter" stating:
"Aysel and Attila — none of the conditions in the letter I sent three years ago were fulfilled. Unfortunately, nothing has changed. You still do not talk to your brother Dogan, and you still do not show me love and respect. You destroyed my home, and I deleted you from my will."
Legal Arguments and the Judge's Ruling
Aysel's lawyers argued that her mother either did not fully understand the consequences of the 2018 will or that it was influenced by undue pressure from Dogan. They claimed that Dogan had manipulated their mother into signing over her fortune, insisting that the letters explaining the reasons for disinheritance were actually written by Dogan.
Aysel's lawyer, Peter John, argued that the will should be invalidated due to lack of knowledge or approval, citing undue influence or fraudulent calumny by Dogan. He emphasized that Mrs. Halil had always intended to divide her estate equally among her children, based on cultural and religious values.
He also pointed out that the language used in the 2015 and 2018 letters was "startlingly similar" to that used by Dogan in his correspondences. However, the judge dismissed these claims, noting that the side letters were written in Turkish in Mrs. Halil’s handwriting and that Dogan had no involvement in their creation.
The Judge's Final Verdict
Judge Mark Raeside KC ruled in favor of Dogan, stating that Aysel had become "fixated" on proving her brother dishonest, despite evidence showing he was a "dutiful son." He noted that Aysel’s belief that Dogan had "fiddled" her out of her share of the real estate was unfounded and had colored her judgment over the years.
The judge emphasized that Mrs. Halil had attended her solicitor independently and appeared mentally sharp when drafting her last will in 2018. He also ruled that she had dementia symptoms by 2020 but was of sound mind when she created the will two years earlier.
In conclusion, the judge stated:
"I reject the assertion that the deceased had any assistance from Dogan with her will. The evidence makes clear he was simply a dutiful son."
He added that Aysel’s allegations against Dogan were "misplaced and incorrect," and that there was no evidence of dishonesty on his part. The case was ultimately dismissed, with the court upholding the validity of the 2018 will.
