A mother of two is locked in a legal battle with her stepmother after being left out of her late father’s £1.75 million estate in the UK.
Emma McDaniel, 40, is asking the High Court for “reasonable financial provision” from the estate of her father, Mark Talbot, who died in October 2022. Mark, a property investor who became a millionaire, had cut Emma out of his 2014 will, stating he had not seen her for 20 years.
Despite that, the court heard that in 2019, the pair reconnected at the request of Mark’s mother and went on to rebuild a relationship, even holidaying together at his villa in Portugal. Emma is now challenging the will, arguing that their renewed relationship and her circumstances entitle her to support.
Mark left his entire estate to his wife of 36 years, Rosemary Talbot. His will stated: “I DECLARE that I have NOT made any provision in my Will for my son Rhys Winstone whom I have never met nor my daughter Emma Winstone who I last saw about twenty years ago. I do not have contact with either of them.”
Emma, who cares for two disabled children and has several health conditions of her own, said she now survives on a “complicated cocktail” of state benefits, supplemented by around £5,000 a year from her small business. She told the court she hoped to secure funds to buy a suitably adapted home and clear roughly £50,000 in debts.
Her lawyer, Aiden O’Brien, told the judge: “The claimant’s husband also suffers from heart and spinal problems. Unfortunately, the claimant also has her own health issues, including spinal problems, autism, ADHD, fibromyalgia, chronic fatigue and burn-out.”
He said Emma and her family rely on support including Universal Credit, Personal Independence Payment, Child Benefit and Disability Living Allowance, adding: “Emma avers that there is sufficient ‘head room’ to make an order in her favour, without causing any injustice to Rosemary.”
He contrasted this with Rosemary, saying: “In stark contrast to the claimant, Rosemary has confirmed that she is in relatively good health and has no disabilities.”
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