A UK barrister, Robert Grierson, 56, who specializes in tax and will disputes, has lost a legal battle with his younger brother, Duncan, 55, over their late mother’s £1.2 million estate.

Duncan accused Robert of forging their mother Elise Grierson’s signature on a declaration of trust and manipulating her will to gain a larger share of the inheritance. While Duncan was left with only £10,000, Robert claimed the rest of the estate.

The High Court heard that Elise’s original 2020 will divided her estate equally between her two sons. However, just 16 days after the death of her husband in 2022, Elise made dramatic changes, leaving the bulk of her fortune to Robert. Robert also claimed that in 2013, Elise had signed a declaration of trust granting him half of her £1 million Sutton Coldfield home.

Duncan challenged the validity of both the 2013 document and the revised 2022 will, alleging forgery and questioning Elise’s mental capacity at the time of the changes. Judge Joanne Wicks KC ruled in Duncan’s favor, invalidating the trust document and the will.

The court found “compelling evidence” that Elise had not signed the 2013 declaration herself. Expert testimony suggested the signature and initials on the document were likely “simulations” created using an indented tracing guideline. Additionally, the 2022 will was deemed invalid as it was not properly witnessed, and Robert failed to prove that Elise was of sound mind when it was executed.

Although Judge Wicks did not directly accuse Robert of forgery, she struck out his defense after he failed to disclose evidence earlier in the case. The judgment was ultimately based on Duncan’s evidence alone.

Duncan’s barrister, Constance McDonnell KC, argued that the 2020 will, which equally divided the estate, reflected Elise’s true intentions. She highlighted that Elise and her husband had always treated their sons equally and supported them through prestigious legal careers, both having studied law at Cambridge.

The court also heard that Elise experienced an “acute grief reaction,” depression, and a decline in health after her husband’s death in January 2022. She passed away in March of the same year at age 84.

In her ruling, Judge Wicks noted that Duncan alleged Robert was the only person who could have placed the simulated signatures on the document, suggesting it was done to fraudulently claim assets worth £500,000.

This ruling leaves the estate to be distributed as per Elise’s 2020 will, with both brothers receiving an equal share.