Lymington father-and-son Mark and David Pidsley lose High Court battle over £5 million estate of Joan Sutcliffe
A LYMINGTON man accused of forging the will of a wealthy and “vulnerable” widow has lost his fight over her £5 million estate.
Mark Pidsley, a former secretary of the town’s Royal British Legion, had denied claims that he “lied” and created false documents in a bid to inherit the multi-million-pound fortune of artist Joan Sutcliffe, writes Richard Gittins.
Painter Joan, who died in September 2020 aged 90, owned three homes: one in Lymington, one in Putney, and a third in France.
Her estate, which is valued at over £5m, had largely been left to stepdaughter Bridget Spencer and her children under a will Joan made out in 2011.
But a later will and letter of wishes, dated 25th March 2019, effectively left all her property and wealth in England to Mr Pidsley and his son David.
Mr Pidsley was a neighbour of Joan’s in Lymington and the former secretary of the town’s RBL.
Her stepdaughter, Mrs Spencer, brought court proceedings in 2022, suing both Mr Pidsley and his son as executors of Joan’s estate, claiming the 2019 will was “a forgery and a false document” which “in all probability” was created by the former British Legion officer.
Mr Pidsley and his son strongly denied any allegations of dishonesty and brought their own court claim, seeking to uphold the 2019 will, which they insisted was valid and reflected Joan’s last wishes.
But the case has now been settled, with Mark and David Pidsley agreeing to a consent order, under which the 2019 will leaving them everything has been declared invalid and the 2011 will leaving the bulk of Joan’s £5m to her stepdaughter upheld as her last true will.
London’s High Court heard during the case that Bridget Spencer was the daughter of Joan’s second husband, John Sutcliffe, who died in 2007 after being married to Joan for 28 years.
Papers lodged with the court by Mrs Spencer’s barrister Fay Collinson said that Joan – a former air hostess – had divided her time between her home in London and her house in Lymington when she was in the UK.
However in her later years, she had become “vulnerable” and “isolated” and had begun to “experience forgetfulness” by 2018 when Mr Pidsley made his “sudden” appearance in her life, said the barrister.
“As time passed… Joan became more vulnerable,” she said. “She was also very wealthy.
“In around 2018, Joan began to experience forgetfulness and difficulties with her short-term memory. She also started to suffer from social isolation and loneliness,” said Ms Collinson, adding that Joan’s GP had recorded her as being a “vulnerable adult” in February 2018.
“In around late 2018, Mrs Spencer and her family became concerned about the sudden presence of Mark Pidsley in Joan’s daily life.
“Mrs Spencer learned from Joan that, while visiting her Lymington property, she experienced car trouble.
“Mark Pidsley, who lived nearby but with whom Joan has no previous substantive relationship or acquaintance, offered to drive Joan from Lymington to Putney.
“Mark Pidsley, whom Joan had never mentioned to Mrs Spencer, friends or neighbours before, then proceeded to stay at Joan’s home in Putney for several days.
“Joan told Mrs Spencer that, during this visit, Mr Pidsley, whom she had first met the week prior, arranged repair of her car, took her to medical appointments and began considering her private and confidential paperwork.”
Mrs Spencer was “shocked” by Joan’s report and emailed a friend of Joan’s “setting out her concerns”.
The friend replied, saying Joan had become “very vulnerable” and, after visiting, subsequently reported that Mr Pidsley was now “looking after” her.
A document appointing Mr Pidsley as an attorney overseeing Joan’s health and welfare affairs was made out some months afterwards, and in March 2019 a new will and letter of wishes was drawn up, putting almost all of Joan’s fortune in the UK into a trust for the benefit of Mr Pidsley and his family.
Mr Pidsley and his son David were also appointed executors of her estate, as well as trustees of the will trust.
Under Joan’s previous 2011 will, small legacies were left to friends and charities, her apartment in the Cote D’Azur and £10,000 cash to Mrs Spencer outright, with the rest divided between Mrs Spencer and her three children, Rebecca Spencer, Victoria Turan and Harry Spencer, in equal shares.
Her paintings were to be offered to family and friends, then the rest given to Putney School of Art.
Under the March 2019 will and letter of wishes, her jewellery was left to Rebecca and Victoria who, with their brother, also received £2,000 each.
Her stepdaughter Mrs Spencer was left only £10,000, and the rest of her possessions and property in the UK were left in a trust “for the benefit” of Mr Pidsley and his family.
However, the barrister went on to claim there was evidence that the 2019 will and letter of wishes were forgeries and invalid.
She claimed that two acquaintances of Mr Pidsley’s, Simon Parker and Marie Pollack, whose names are down as witnesses to the 2019 will, had come forward to say they did not knowingly sign it in Joan’s presence or at all.
The pair said they remember being asked to sign a power of attorney by Mr Pidsley, but not a will.
They also said that they were later asked by Mr Pidsley to sign a letter setting out “a fictitious set of events”, verifying that they had witnessed the will in Joan’s presence at their Grade II listed house in Hampshire.
Setting out more of Mr Pidsley’s side of the story, the barrister said he had known Joan as a neighbour for more than 40 years and that his son knew her from meeting in the town and at social events.
“On or around 3rd June 2017, Joan had a fall while at her home in France and broke her hip, which she took some months to recover from.
“In or around early 2018, as a result of the limitation placed on her by her physical recovery, Joan was feeling lonely, isolated, and unhappy in London. As a result of this, Joan decided to spend more time in Lymington, where she had friends around her and could pursue her interests.
“In or around July 2018, Joan experienced problems with the clutch on her car, but continued to drive it.
“Joan’s friends in Lymington were concerned about her driving her car in the condition it was in, particularly for a lengthy period and so Mark Pidsley offered to drive Joan back to London and arrange for the car to be repaired in case it broke down on the motorway.
“When they arrived in London, Joan asked Mr Pidsley to help her with arranging the car repair and some other matters, including shopping and getting to an appointment with her doctor and to her regular art classes.
“At no point did Mr Pidsley read or consider Joan’s private and confidential paperwork.
“Joan... wished [her UK[ property to benefit those who cared for her, particularly in Lymington.
“While Joan could occasionally be forgetful, the claimants are not aware of Joan experiencing particular problems with, or degeneration in, her memory in or around 2018.”
The order settling the case, approved by a judge on 30th May, states: “By consent the court pronounces for the force and validity of the last will and testament and codicil dated 4th July 2011 of Joan Doreen Sutcliffe... and by consent pronounces against the force and validity of the alleged last will and testament dated 25th March 2019 of the deceased.”
There is to be no order for anyone to pay the costs run up in the case, the document concludes, which means each party will be responsible for paying their own lawyers’ bills.
