An ‘unwanted’ son who claims he was cut out of his father’s £2.4million will because his parents resented him for being born could end up homeless unless he is handed his share of the cash, a court heard.
After his death in March 2017, Lord Sidney Johnston left his whole fortune to Lady Natalie Wackett (80), Colin Johnston sued Natalie Wackett (41).
The case was won by him two years after he claimed that the estate had not made a reasonable provision.
He was awarded a £175,000 payout, but has still not received a penny and faces being made homeless as a result, his lawyers told the High Court this week.
Lady Natalie claims her grandfather’s estate should only pay Mr Johnston £60,000 because of a previous dispute between her uncle and grandfather.
Mr Johnston told London’s High Court he was an ‘unwanted war baby’ – born during the second World War while his father was serving in the RAF – and that his mother, Lady Elsie Johnston, resented him for getting in the way of her bid for Hollywood stardom.
According to him, his father favoured his family above all others and had bought manorial titles in Elsie’s name for Gary and his daughter Natalie, making them all lords, ladies, and Mr Johnston left out.
Lord Sidney made his fortune by running Johnston and Sons in North London. He then left all to his beloved granddaughter, Gary.
In 2013, Lady Elsie Johnston, Mr Johnston’s mother, died. Lord Gary Johnston also passed away in 2016, both of which were before Lord Sidney.
At trial, Mr Johnston stated that his mother Elsie dreamt of appearing on screen or stage and told him when he was a kid: “I would have loved to be a Hollywood movie star if it weren’t for your support.”
Colin Johnston, 80, claims he was cut out of his father’s £2.4million will because his parents resented him for being born. He stated that he was at risk of becoming homeless if he doesn’t get his fair share. Image taken in 2019.
David Giles, Mr Johnston’s lawyer, told the court that the pensioner is cash poor and needs financial help to cover daily living costs. He could be kicked out his Barnet rented house without bailout.
In 2019, Judge Edwin Johnson QC ordered Lady Natalie to hand over £175,000 – including legal fees – from her grandfather’s estate to her uncle, saying: ‘In my judgment, Sidney behaved unreasonably in making and maintaining his decision that Colin should inherit nothing.’
Court was informed that Lord Sidney, his father in law, had already decided to leave Mr Johnston out his will. This despite the fact Johnston’s oldest son had worked alongside him for about 20 years.
Lord Sidney left a gross fortune of around £2.4million, the court previously heard, with a net value after expenses of around £1.4million.
Judge Giles told Mr Giles that the attitude of Mr Johnston’s family towards him when he was young influenced everything after that, “feeding a determination not to inherit from Colin, and favoritism toward Gary, and later, his daughter Natalie.”
Lord Sidney, who was 41 years old, left all his possessions to Lady Natalie Wackett, his granddaughter (pictured), when he passed away in March 2017.
But two years later, Lady Natalie is now arguing at the High Court that the estate should only pay her uncle £60,000.
Her QC, Romie Tager, argued that Mr Johnston owes his father’s estate slightly more than £115,000, dating back to a previous legal dispute between father and son from 20 years ago.
In her capacity as executor of her grandfather’s will, Lady Natalie can sue her uncle to collect the debt.
Lady Natalie claims her grandfather’s estate should only pay Mr Johnston £60,000 because of a previous dispute between her uncle and grandfather
But Mr Giles disputed that his client ever owed his father £115,000, and said Sidney’s estate was morally bound to pay out the £175,000 ordered by the judge.
“In order to make reasonable financial provision to Colin,” he stated.
According to Mr Giles, Mr Johnston could have financial difficulties that cause him and his wife to be unable to make ends meet. He also said they are’substantially at risk’ of becoming homeless if forced to move out of their home.
After a long hearing Judge James Brightwell announced that he would issue his ruling later in the day.
In the initial case, Mr Johnston stated to the court that his parents were always harsh on him. He also said that he blatantly favors his brother.
According to him, he was a key player in the father’s business success but has been distant from his father since the 90s after an argument.
Judge Johnson stated that the payment was awarded to him because it was indicative of the relationship between Colin, his parents and which Colin did not end up being responsible for. This was going to lead to family conflict and have left Colin in the difficult financial situation I described.
Although his estate was significant, Sidney’s will failed to support his child, despite Sidney’s moral obligation.