Brother accuses sister of ‘scam’ in row over mother’s £2m will

Robert Andrew Simon claims Hilary Jane Woolley found it difficult to accept his happiness in life and manipulated a family tragedy to get their mother to change her will. The 62-year-old businessman says his sister was “in the shadows”, influencing an emotive deathbed letter to the family from their brother, David, in 2004.

Under a previous will, Mr Simon was entitled to his mother’s flat in Westcliff on Sea, Essex, and her shares in the family company, with the rest of Constance Simon’s estate split equally amongst the children.

Although the 16 shares are only a small part of Devon-based plastics company, R.W. Simon Ltd, they would have made Mr Simon, of Chigwell, Essex, the largest single shareholder and so able to exert more control.

But a new will in 2005 resulted in the entire estate being divided equally between Constance’s children, Robert, Hilary and Jonathan, and a trust being set up for the family of her deceased son, David.

The documents were prepared and signed at Mrs Simon’s 88th birthday party at her former home in Wellington Road, St John’s Wood, north London, when Robert was absent.

Mr Simon is now fighting his sister, of Crossley Hill, Halifax, West Yorkshire, and surviving brother, Jonathan, 63, of Shoeburyness, Essex, at the High Court to reinstate the earlier will and ensure the estate is divided the way he says his mother had wanted.

“I showed Hilary kindness and generosity, as far as I’m concerned, at all times. I treat people as I wish to be treated,” he told the court. “Hilary behaves like that because, unfortunately, happiness has eluded her.

“I have always been happy with my family. It’s something that Hilary has found very difficult to accept.”

The court heard Robert had stepped into the breach after their father’s death in the 1970s and ended up running the Torrington-based business. Eleven of the children were directors, but, prior to his death from cancer in November 2004, David wrote to his mother and siblings, expressing concerns about Robert’s “cavalier attitude” to the rest of the family.

Robert told Judge Nicholas Strauss QC he did not believe David was the sole author of the letter and claimed his sister was “in the shadows” influencing what was said. He had himself responded, complaining about what he said was a “calculated and cold-hearted” attempt to influence their mother to change her will and, in court, accused Hilary of taking advantage of David’s illness to get what she wanted.

“What was being done was not open and honest, fair and trustworthy,” he told the judge. “It was designed to manipulate and, by sleight of hand, achieve her desires, which she couldn’t achieve in an open and straightforward way.”

Barrister, Dennis Sharpe, representing Hilary and Jonathan, disputed all the accusations and questioned whether David deserved to be sent a letter from Robert containing criticism at a time when he was dying from cancer.

Robert’s barrister, Sarah Haren, argued that Mrs Simon’s dementia was affecting her so badly she lacked legal capacity to execute the 2005 will and it was invalid.

Robert, who took his mother into his home around 2000, told the court her memory difficulties had begun when she arrived back from a trip to Australia in 2002.

She had rapidly deteriorated until she was often unable to recall family events and became frustrated when television characters did not reply when she spoke to them.

The High Court hearing continues.