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Legal bill headache for brothers who challenged their stepmother over their dad's will

Two brothers who tried to claim their sick father was not mentally well enough to leave half his will to their stepmother have been ordered to pay around £200,000 costs after losing the case.

Richard and Jonathan Powell were branded greedy by a judge and lost their legal challenge earlier this month.

If they'd been successful their stepmum Ailsa Williamson Powell, a 75-year-old former eye specialist at the Kent and Canterbury Hospital, would have received just £2,000 from the £250,000 estate of David Powell.

Richard Powell who lost a challenge over his father's will. Picture by Paul Keogh
Richard Powell who lost a challenge over his father's will. Picture by Paul Keogh

The pair tried to argue Mrs Williamson Powell, from Littlebourne, persuaded their father to change his will, reducing the amount he left to them.

Jonathan Powell. Picture by Paul Keogh
Jonathan Powell. Picture by Paul Keogh

Mr Powell died in 2012 aged 84 after a battle with Parkinson's disease and it was then the brothers found out their stepmother stood to receive half of the inheritance.

An earlier version of Mr Powell's will had left the bulk of his estate to his sons, who are from Mr Powell's first marriage. A version in 2008 then split his assets three ways.

In 2009 the final document was drawn up giving Mrs Williamson Powell half and his sons a quarter each, after small gifts to a church, a Parkinson's charity and grandchildren.

Ailsa Williamson Powell who won a court battle against her stepsons over her husband's will. Picture: Paul Keogh
Ailsa Williamson Powell who won a court battle against her stepsons over her husband's will. Picture: Paul Keogh

She had earlier told a judge this move had nothing to do with her and Mr Powell had made all the decisions about his wills and fully understood what he was doing.

Evidence from professionals also backed this up.

Financial advisor Richard Powell, 54, from Wandsworth, and his brother Jonathan, 55, who lives in America, initially claimed the first will in 2003, was their father's last true wishes.

But as the case progressed, they argued the estate should be divided three ways, as per the 2008 instructions.

Judge Marc Dight, sitting at the Central London County Court, said the suggestion Mr Powell didn't know what he was doing was without any foundation and described the relationship between husband and wife as loving and caring.

He ruled the sons pay legal costs, expected to be at least £200,000.

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