A high‑value family dispute is set for a 12‑day High Court trial later this year after a brother accused his sister of draining their mother’s £5 million estate while acting under a power of attorney.
Gary MacDougall claims he has been left with “virtually nothing” following the death of his mother, Jeanne MacDougall, in 2020. He alleges that his sister, Sandra Thomas, and her husband Lloyd, used their mother’s assets to fund their own lifestyle — including meals at The Ivy, holidays abroad and their daughter’s five‑star wedding at the Savoy.
Mrs Thomas admits she exceeded her authority as attorney but denies acting deliberately or in bad faith, saying she misunderstood what the power of attorney allowed her to do.
The inheritance dispute
The MacDougall family wealth originates from a substantial West London property portfolio built by the siblings’ late father, a developer. Gary says it was always clear that he and his sister would be treated equally.
That changed dramatically after:
- a 2011 Will, replacing an earlier 2008 version, left almost everything to Sandra and her husband; and
- a series of lifetime transactions, including the sale or transfer of two valuable properties, removed major assets from the estate.
When Mrs MacDougall died in 2020, her estate was valued at around £2.5 million — but Gary says this was drastically reduced because more than £2 million left her accounts between 2012 and 2020, with only a small fraction spent on her actual needs.
Claims of “plundering” and undue influence
Gary is now seeking:
- to invalidate the 2011 Will on grounds of presumed undue influence,
- to reverse property transfers (including a £1.7m house he says was promised to him), and
- an accounting of funds allegedly spent by his sister while acting under a power of attorney.
His barrister argues that Mrs MacDougall was suffering from Alzheimer’s from around 2011, relied heavily on Sandra and her husband, and was vulnerable at the time the disputed Will and transactions were made.
He describes a “pattern of behaviour” in which the defendants allegedly treated Mrs MacDougall’s accounts as their own, citing spending on holidays, Oxford Street shopping, a Jaguar purchase, and daily debit card use.
The defence: good faith and mother’s wishes
Sandra Thomas and her husband do not deny that money from Mrs MacDougall’s accounts was spent on their family. But they insist:
- they acted in good faith,
- they believed the deceased wanted to make generous lifetime gifts,
- they were using funds that would ultimately have passed to Sandra under both the 2008 and 2011 Wills.
Their KC argues the siblings had very different relationships with their mother. Mrs MacDougall was “closer and more affectionate” with her daughter, while relations with Gary were more distant and sometimes strained. They also say no signs of dementia were reported at the time of the 2011 Will.
What the Court will decide
The High Court will now examine:
- whether the 2011 will is valid,
- whether the attorneys’ spending amounted to breach of duty or financial abuse,
- whether property transfers were lawful or should be unwound, and
- how much, if anything, should be restored to the estate.
With assets at stake worth well over £2 million, and serious allegations of undue influence and POA misuse, the case will be watched closely by practitioners in contentious probate, elder financial abuse, and attorney‑misconduct claims.
Why attorneys should seek advice before making gifts
This case highlights how easily attorneys can fall foul of the strict limits imposed by the Mental Capacity Act 2005. Attorneys may only make very small, customary gifts unless the Court of Protection has authorised anything more substantial. Exceeding that authority — even unintentionally — can expose an attorney to personal liability, financial claims, or allegations of abuse.
Our team regularly advise attorneys on the scope of their powers, including whether a proposed gift or transfer is lawful, appropriate, or requires court approval. Anyone acting under a power of attorney who is considering making gifts should take specialist advice at an early stage to avoid disputes like this arising later. Find out more about the team on our website.
This is only intended to be a summary and not specific legal advice.
