Inheritance Wars · No. 24 · £38.5m estate · Child of the family · Late claim · 17 min read

A real inheritance dispute — and the question of whether there was another way.

Inheritance Wars: The £38.5 Million Estate, the Patek Philippe and the Claim That Came Four Years Too Late

O’Herlihy v Taylor — a man who said a wealthy property investor had treated him as a son sought a South Kensington flat, a classic Mercedes, a Patek Philippe watch, a painting and substantial financial provision. But before the court could decide whether he should inherit anything, there was another problem: he had waited more than four years too long to bring the claim.

Peter Causton · 9 March 2026 · 17 min read

Editorial illustration of representative luxury assets and property keys claimed in an inheritance dispute.

£38.54m

Net value sworn for probate

~£5m

Provision sought in the proposed claim

4½ years

Approximately outside the six-month period

7 years

No contact or financial support before death

2 days

Preliminary-issue hearing

Refused

Permission to bring the late claim

Hugh Ian Taylor died on 2 June 2019. His net estate was sworn for probate at £38,540,357. His final will gave £200,000 each to two former employees and left the residue to his widow, Jennifer Taylor. Lonan O’Herlihy received nothing.

Lonan was not Hugh’s biological or adopted child. His mother had been in a relationship with Hugh from around 1995 to around 2004. Lonan said Hugh had treated him as a son.

Years later, Lonan sought provision said to be worth approximately £5 million, including a South Kensington flat said to be worth around £3 million, a Mercedes 280SL Pagoda, a Patek Philippe watch, a valuable painting and £800,000 to buy an investment property. These were items in the proposed claim; this article’s imagery is representative and does not depict the actual objects.

But probate had been granted on 1 November 2019 and the claim was issued on 14 October 2024 — approximately four and a half years after the ordinary six-month period expired.

From Saddlewood Manor to Eastington Hall

Hugh’s relationship with Lonan’s mother began when Lonan was about six. She and her two sons, Rogan and Lonan, lived with Hugh first at Saddlewood Manor and later at Eastington Hall.

According to Lonan’s evidence, Hugh supported his education and maintenance and gave expensive presents: tailored suits, watches worth more than £5,000 and an Audi said to be worth around £45,000 for his 21st birthday. These were allegations advanced by Lonan, not findings that every item and valuation had been proved.

The relationship

A household, a breakdown and seven years without contact

  1. 1

    Hugh Ian Taylor

    A property investor whose net estate was sworn for probate at £38,540,357.

  2. 2

    Mrs O’Herlihy

    Hugh’s partner from around 1995 to around 2004 and mother of Rogan and Lonan.

  3. 3

    Lonan O’Herlihy

    Born on 7 June 1989. He alleged that Hugh had treated him as a child of the family.

  4. 4

    Jennifer Taylor

    Hugh’s widow, co-executor and residuary beneficiary under the 2015 will.

The court did not finally determine Lonan’s status as a child of the family. For the section 4 application, it proceeded on the basis that he had a real prospect of establishing relevant treatment during part of his childhood.

The relationship changed

The adult relationship substantially broke down in 2004–2005. Property and chattels litigation was settled, a new home was bought for Mrs O’Herlihy and other financial arrangements were made. Lonan said his own relationship with Hugh continued until around 2012.

It was common ground that from about 2012 until Hugh’s death in 2019 there was no contact and no financial support.

Generosity during life does not automatically create an inheritance right.

The 2015 will

Hugh’s will of 9 July 2015 appointed Jennifer Taylor and his accountant Keith Upsdell as executors. It gave £200,000 to each of two former employees. Jennifer received the residue, with substitutional gifts for her daughters or their children. Lonan received nothing.

By the time proceedings began, the estate had been fully administered and distributed. That mattered to the prejudice caused by delay.

The claim he wanted to bring

The proposed package was visually striking: a £3 million South Kensington flat, a Mercedes 280SL Pagoda, a Patek Philippe watch, a valuable painting and £800,000 for an investment property. No particular watch model or painting artist is identified here.

Yet a very large estate does not itself create entitlement. A claimant must establish standing, reasonable financial provision and the statutory factors.

There may be £38.5 million in the estate. You still have to establish a legal claim to some of it.

His financial case

Lonan worked as a personal trainer. His evidence included expected annual income of approximately £70,000 net, annual expenditure of approximately £120,000, and a resulting claimed shortfall of about £50,000 a year. He rented with his girlfriend and said he lacked a capital cushion and had relied on loans.

The preliminary judge had to assess whether the proposed claim had a real prospect of showing a maintenance need which Hugh’s estate ought reasonably to meet.

And then there was social media

The defendants relied on online material presenting a glamorous lifestyle which they said sat uneasily with the financial case. The judge treated it cautiously: much was marketing for Lonan’s personal-training business and did not necessarily reflect his real resources. But the wider lesson is modern and clear.

Social media can become evidence in an inheritance dispute.

Simplified visual explainer

The legal clock

  1. 1

    Grant of probate — 1 November 2019

  2. 2

    Normal six-month period ended — 1 May 2020

  3. 3

    Claim issued — 14 October 2024

  4. 4

    Approximately 4½ years late

  5. 5

    Permission required

  6. 6

    Permission refused

The court decided a preliminary issue under section 4 of the 1975 Act. The proposed substantive claim was never tried.

The preliminary issue

The court was not deciding how much Lonan should receive. It was deciding whether he should be allowed to bring the claim so late.

The defendants had notified him of the will and probate in November 2019. The judgment analysed the whole delay, including the period before he understood he might have a 1975 Act claim and later periods after lawyers were instructed in 2022.

The merits problem

Deputy Master Henderson accepted that Lonan had a real prospect of establishing that Hugh treated him as a child of the family during a relevant childhood period. That was not a final finding after a substantive trial.

The proposed claim nevertheless had no real prospect of success overall. Lonan was an adult with earning capacity who had created his own standard of living after contact ended. There had been no contact or support for around seven years before Hugh died, and there was no real prospect of establishing that Hugh retained obligations and responsibilities to maintain him at death.

Adult claimants can succeed under the 1975 Act. This conclusion was fact-specific; it is not a rule that adult children cannot claim.

The decision

Permission under section 4 was refused. The court held that the proposed substantive claim lacked a real prospect of success. It also held, in the alternative, that the unexplained delay, absence of negotiations within the time limit, completed distribution and prejudice meant permission would still have been refused even if the merits threshold had been crossed.

The approximately £5 million claim never proceeded to a full substantive trial.

The mediation clock

Mediation can take place before issue, alongside protective proceedings or after proceedings begin. But willingness to negotiate does not itself extend the statutory period.

Mediate early. But do not miss the deadline while you are talking.

Could it have been mediated?

Potentially — and at a much earlier stage. The defendants had formidable arguments: long delay, a fully distributed estate, seven years without contact or support, and serious merits problems. Lonan relied on a long childhood relationship, alleged treatment as a son, substantial historic support and an exceptionally wealthy estate.

A mediation could have examined the prospect of permission, the evidence of parental treatment, the effect of estrangement, genuine maintenance needs, the realism of the £5 million package and the cost of litigating the preliminary issue.

Before the court could ask how much he should receive, the parties had to fight about whether he could ask at all.

Why do particular objects matter so much?

A watch, car, painting, ring, photograph or piece of furniture can represent memory, recognition, status or an alleged promise. O’Herlihy is a vivid reminder that inheritance claims can concern both financial value and symbolic value.

Ilott and McDaniel: relationships move in different directions

Ilott v The Blue Cross involved an adult child, long estrangement and a substantive award ultimately restored at £50,000. McDaniel v Talbot concerned a father and daughter who reconciled after estrangement. Here, the relationship said to have been parental had ended years before death.

Estrangement does not automatically defeat a claim. But context, need and timing matter.

The claim that never got through the door

The proposed provision was extraordinary: a £3 million flat, classic Mercedes, luxury watch, painting and £800,000 property fund. None reached a substantive trial. The estate was large, but the claim was years late and the court held that it had no real prospect of success.

In inheritance litigation, sometimes the most important asset is time.

Related content

This article provides general commentary on O’Herlihy v Taylor & Anor [2026] EWHC 505 (Ch) and inheritance disputes in England and Wales. It does not constitute legal advice. Anyone considering a 1975 Act claim should obtain prompt advice about the statutory time limit.

Cases referred to & sources

The price of the war

The judgment does not state a reliable final figure for the parties’ legal costs. The price included a two-day preliminary-issue trial devoted to whether a proposed claim could proceed, after the estate had been fully administered and distributed. Permission was refused, so there was no substantive trial.

What could a mediated settlement have looked like?

These are examples of settlement structures which mediation could have explored. They are not outcomes which actually occurred, and the legal, tax and practical consequences of any settlement require appropriate professional advice.

A modest capital payment

A payment materially below the approximately £5 million proposal could have reflected the childhood relationship while pricing the limitation and merits risks.

A particular personal item

If ownership and availability permitted, a sentimental object could have carried recognition beyond its financial value.

Housing assistance

A contribution or time-limited loan toward housing could have focused on demonstrated maintenance rather than the full claimed asset package.

Finality and confidentiality

Releases, costs terms and confidentiality could have protected a fully distributed estate and avoided a public preliminary trial.

Inheritance Wars

Four questions

What did the court have to decide?
Whether permission should be granted under section 4 for the proposed 1975 Act claim to proceed after the six-month period — not whether Lonan should ultimately receive an award.
What did the parties risk?
A claim for approximately £5 million, an estate already distributed, weak prospects on maintenance and a delay of roughly four and a half years after the deadline.
What could mediation have done differently?
Early mediation could have tested child-of-family status, current need and the proposed assets, while lawyers protected the statutory position.
What should families and advisers learn?
A very large estate does not cure a weak or late claim. Settlement discussions do not stop the six-month clock.

Inheritance Wars

Real cases. Real families. Real consequences.

The court can decide who is right. Mediation asks whether there is another way.

Is your dispute beginning to look like an inheritance war?

Inheritance disputes often become harder to resolve as costs increase, positions become entrenched and family relationships deteriorate.

Mediation provides an opportunity to explore settlement before the outcome is left entirely to the court.

ProMediate Inheritance, Probate & Trusts provides specialist mediation for disputes involving wills, estates, trusts, inheritance and family property.

Meet our mediators

Mediation is voluntary and confidential, subject to the mediation agreement and applicable legal exceptions. The mediator is neutral, does not decide who is right and does not provide legal advice. This article provides general information about mediation and the reported decisions referred to above. It does not constitute legal advice.

© 2026 ProMediate (UK) Limited. All rights reserved.

This article may not be reproduced, republished or substantially copied without the prior written permission of ProMediate (UK) Limited. Short quotations may be used for legitimate commentary or citation provided that ProMediate is clearly credited as the source.

← Back to Insights

Insights

More from Inheritance Wars

Closed legal papers tied with ribbon beside a memorial card, an empty photograph frame and white lilies on a dark table.

Probate & Estates

Inheritance Wars: When a Family Dispute Continues Beyond Death

The High Court’s decision in Ofori-Kuma v Fordjor shows how grief, family relationships and cultural beliefs can collide after a death — and why early mediation may help families resolve sensitive probate disputes.

Peter Causton · 9 September 2026 · 12 min read

Editorial illustration of a will, two abstract signature samples and a magnifying glass on a solicitor’s desk.

Contested Wills

Inheritance Wars: The Solicitor, the Forged Will — and the Daughter Left With Nothing

A solicitor's supposed final will left his only daughter nothing and another man everything. The High Court held the disputed will was not genuine.

Peter Causton · 1 July 2025 · 18 min read

Editorial illustration of an open box of inherited gold jewellery beside a family photograph and house key.

Probate & Estates

Inheritance Wars: Ten Children, a Family Home — and a Box Full of Gold

Ten siblings spent more than a decade disputing their mother's estate, including family loans, a mortgage, rent and a safe-deposit box of gold jewellery. Kaur v Kaur [2025] EWHC 2806 (Ch).

Peter Causton · 3 November 2025 · 19 min read

Editorial illustration representing a dispute about where an unmarried partner was living before death.

Inheritance Act

Inheritance Wars: His Partner Said They Lived Together — His Children Said She Was Only His Tenant

After being left nothing, an unmarried partner claimed against an estate stated at just under £1.4m. Jassal v Shah turned on where the couple lived and later generated an appeal over £140,000 plus VAT in litigation costs.

Peter Causton · 6 September 2026 · 17 min read

Editorial illustration representing grandchildren in a family inheritance dispute.

Contested Wills

Inheritance Wars: Their Father Died First — Then Grandad’s New Will Left Them £50 Each

Five granddaughters challenged their grandfather’s later will after it replaced the share their late father would have received with £50 legacies. Gowing v Ward and the risks of a changed family will.

Peter Causton · 6 September 2026 · 16 min read

Inheritance Wars: The Farmer With Dementia, the Son Who Died — and the 58 Acres That Changed Hands

Property & Estoppel

Inheritance Wars: The Farmer With Dementia, the Son Who Died — and the 58 Acres That Changed Hands

A Welsh farmer with cognitive impairment changed his will after his son's death. Hughes v Pritchard reached the Court of Appeal over testamentary capacity and a longstanding promise of farmland.

Peter Causton · 6 September 2026 · 17 min read

Inheritance Wars: 66 Years of Marriage — and Her Husband Left Everything to the Sons

Inheritance Act

Inheritance Wars: 66 Years of Marriage — and Her Husband Left Everything to the Sons

After 66 years of marriage, Harbans Kaur's husband left his estate solely to their sons. She successfully claimed 50% under the Inheritance Act 1975.

Peter Causton · 6 September 2026 · 14 min read

Inheritance Wars: What Can Mediation Do That a Judge Cannot?

Mediation & ADR

Inheritance Wars: What Can Mediation Do That a Judge Cannot?

A judge decides the legal issues put before the court. Mediation asks what arrangement could actually resolve the dispute — drawing on the family farms, family homes, charitable legacies and family businesses of the Inheritance Wars series.

Peter Causton · 4 September 2026 · 9 min read

Inheritance Wars: The 95-Year-Old Mother, the Two Feuding Brothers and the House That Changed Hands

Contested Wills

Inheritance Wars: The 95-Year-Old Mother, the Two Feuding Brothers and the House That Changed Hands

Jessica Schrader had capacity and knew what her 2006 will said, yet the High Court held it was procured by undue influence. Schrader v Schrader [2013] EWHC 466 (Ch) explained.

Peter Causton · 4 September 2026 · 15 min read

Inheritance Wars: The Mother Who Left Her £1 Million Farm to a Charity She Didn’t Even Like

Contested Wills

Inheritance Wars: The Mother Who Left Her £1 Million Farm to a Charity She Didn’t Even Like

Joyce Gill left her £1m-plus family farm to the RSPCA and excluded her only daughter. Gill v Woodall became a leading contested-will case on knowledge and approval and undue influence.

Peter Causton · 4 September 2026 · 16 min read

Inheritance Wars: “One Day This Will All Be Yours” — When Expecting the Family Farm Isn’t Enough

Property & Estoppel

Inheritance Wars: “One Day This Will All Be Yours” — When Expecting the Family Farm Isn’t Enough

A farmer's only son expected to inherit the family farm but lost claims based on proprietary estoppel and testamentary capacity. James v James shows why family expectations are not necessarily legal promises.

Peter Causton · 4 September 2026 · 15 min read

Inheritance Wars: “That’s for My Death Duties” — The Farmer Who Promised a Farm Without Ever Quite Saying So

Property & Estoppel

Inheritance Wars: “That’s for My Death Duties” — The Farmer Who Promised a Farm Without Ever Quite Saying So

For nearly 30 years David Thorner worked unpaid on a relative’s farm believing he would inherit it. The farmer died intestate. Thorner v Major became a leading proprietary estoppel case.

Peter Causton · 4 September 2026 · 14 min read

Inheritance Wars: The Husband and Wife Who Signed Each Other’s Wills

Contested Wills

Inheritance Wars: The Husband and Wife Who Signed Each Other’s Wills

A solicitor accidentally gave a husband and wife each other's mirror wills to sign. The mistake eventually reached the Supreme Court. Marley v Rawlings explains will rectification and the cost of a simple execution error.

Peter Causton · 4 September 2026 · 12 min read

Inheritance Wars: The £10 Million Promise by a Swimming Pool in Vietnam

Property & Estoppel

Inheritance Wars: The £10 Million Promise by a Swimming Pool in Vietnam

A son-in-law said his parents-in-law promised him their multimillion-pound family business beside a swimming pool in Vietnam. The court rejected the claim. What does the Fabric Land dispute teach about proprietary estoppel?

Peter Causton · 4 September 2026 · 13 min read

Inheritance Wars: The Father Who Reconciled With the Daughter He Had Cut Out of His Will — But Never Changed It

Inheritance Act

Inheritance Wars: The Father Who Reconciled With the Daughter He Had Cut Out of His Will — But Never Changed It

A father excluded his daughter after decades of estrangement, then reconciled with her but never changed his will. McDaniel v Talbot explains when an adult child may succeed under the Inheritance Act 1975.

Peter Causton · 4 September 2026 · 14 min read

Inheritance Wars: The Mother Who Believed Her Son Tried to Murder His Brother

Contested Wills

Inheritance Wars: The Mother Who Believed Her Son Tried to Murder His Brother

A 93-year-old mother disinherited her son after believing he had tried to murder his brother. The High Court overturned the later will. The Dalton case shows how dementia, false beliefs and undue influence can collide in inheritance disputes.

Peter Causton · 4 September 2026 · 13 min read

Inheritance Wars From the Archives: The Man Who Saw Devils — But Was Still Sane Enough to Make a Will

Contested Wills

Inheritance Wars From the Archives: The Man Who Saw Devils — But Was Still Sane Enough to Make a Will

John Banks believed he was pursued by devils and persecuted by a dead man. Yet his will was valid. Discover how Banks v Goodfellow created the test for testamentary capacity still used today.

Peter Causton · 4 September 2026 · 14 min read

Inheritance Wars: The Tyre Millionaire, the Secret Will and the Four Children at War

Contested Wills

Inheritance Wars: The Tyre Millionaire, the Secret Will and the Four Children at War

Four children, a multimillion-pound family business, a secret later will and a four-week High Court trial. Bond v Webster shows why testamentary capacity and knowledge and approval matter in contested wills.

Peter Causton · 4 September 2026 · 15 min read

Inheritance Wars: The Husband and Wife Who Died Together — and the £300,000 Question of Who Died First

Joint Property

Inheritance Wars: The Husband and Wife Who Died Together — and the £300,000 Question of Who Died First

A husband and wife died at home and nobody knew who died first. Scarle v Scarle decided which family inherited their £300,000 joint assets using a little-known rule from 1925.

Peter Causton · 4 September 2026 · 13 min read

Inheritance Wars: “Lazy, Useless and Druggy” — The Daughter Her Father Deliberately Cut Out of a £1.4 Million Estate

Inheritance Act

Inheritance Wars: “Lazy, Useless and Druggy” — The Daughter Her Father Deliberately Cut Out of a £1.4 Million Estate

Roger Howe deliberately excluded his only daughter from his £1.4m estate. She nevertheless received £125,000 under the Inheritance Act 1975. What does Howe v Howe tell us about estranged adult-child claims?

Peter Causton · 4 September 2026 · 14 min read

Inheritance Wars: The 92-Year-Old Who Tore Up Her Will on Her Deathbed

Contested Wills

Inheritance Wars: The 92-Year-Old Who Tore Up Her Will on Her Deathbed

A 92-year-old woman tore up her will on her deathbed but was too weak to finish. Crew v Oakley considered whether the will was legally revoked and who inherited her £800,000 estate.

Peter Causton · 4 September 2026 · 12 min read

Inheritance Wars: The Daughter Who Cared for Her Mother — and the Three Brothers Who Said She Took Control of the Will

Contested Wills

Inheritance Wars: The Daughter Who Cared for Her Mother — and the Three Brothers Who Said She Took Control of the Will

Rea v Rea involved a daughter who cared for her mother, three brothers challenging a will and allegations of undue influence. The Court of Appeal ultimately upheld the will.

Peter Causton · 4 September 2026 · 13 min read

Inheritance Wars: The Mother Who Left Her Daughter Nothing — and £486,000 to Animal Charities

Inheritance Act

Inheritance Wars: The Mother Who Left Her Daughter Nothing — and £486,000 to Animal Charities

Can an estranged adult child challenge a parent's will? Ilott v The Blue Cross is the leading Supreme Court case on adult-child claims under the Inheritance Act 1975.

Peter Causton · 4 September 2026 · 12 min read

Inheritance Wars: The Harry Potter Books, the Disinherited Daughter and the £350,000 Estate

Contested Wills

Inheritance Wars: The Harry Potter Books, the Disinherited Daughter and the £350,000 Estate

Clitheroe v Bond concerned a disinherited daughter, alleged delusions and a £350,000 estate. What does the case teach about testamentary capacity and probate mediation?

Peter Causton · 4 September 2026 · 12 min read

Inheritance Wars: “One Day This Will All Be Yours” — The Family Farm Promise That Ended in Court

Property & Estoppel

Inheritance Wars: “One Day This Will All Be Yours” — The Family Farm Promise That Ended in Court

Winter v Winter shows how promises about inheriting a family farm or business can override later testamentary arrangements through proprietary estoppel.

Peter Causton · 4 September 2026 · 10 min read

The £200,000 Stamp Collection Sold for £1: When a Will Dispute Costs Almost as Much as the Estate

Contested Wills

The £200,000 Stamp Collection Sold for £1: When a Will Dispute Costs Almost as Much as the Estate

What Neate v Heselden teaches about contested wills, testamentary freedom, knowledge and approval, litigation costs and the role of probate mediation.

Peter Causton · 4 September 2026 · 9 min read

Inheritance Wars: The £5 Million Estate and a £490,000 Costs Bill

Probate & Estates

Inheritance Wars: The £5 Million Estate and a £490,000 Costs Bill

Fourteen years after a death, an estate said to be worth up to £5 million remained largely unadministered, declarations of trust were found to be shams and indemnity costs approaching £490,000 were ordered on account.

Peter Causton · 4 September 2026 · 9 min read