‘I need our mum's £420k home for my emotional support dogs'
Agnes Duggan died in August 2018, aged 78, and left her house in Crawley, Sussex, to be split equally between her three daughters, Sharon, Ann and Brenda Duggan.
But now, Sharon Duggan, 49, who moved to the house in 2014 to care for her mum, is suing her sisters on the basis that her medical ailments outweigh the rights of her sisters to get their inheritance.
She claimed she needs to stay in the house for life with her rescue dogs – which she told Central London County Court 'help with her mental and emotional well-being' – as she is too 'noise sensitive' to live in a flat.
She added that her sisters, Brenda Duggan, 55, and Ann Duggan, 60 should get a 'small lump sum each', which she could raise with a mortgage.
Brenda, an alternative therapist, insisted her sister and her pets will be fine in a one-bed flat.
Representing herself in court, Sharon, a former NHS medical secretary, told Judge Alan Johns KC that she should have the right to stay put in the family home in Lyndhurst Close, Southgate, Crawley.
She told the court she is 'dyslexic and suffers from a variety of health issues, including chronic fatigue syndrome, migraine, fibromyalgia, depression, anxiety, insomnia, PTSD, and adjustment disorder (and) also has long Covid.'
Brenda suggested she could relocate to a flat using her inheritance. But Sharon rejected this due to intrusive noise, her history of fragile mental health and the effect on her two dogs.
Alex Findley, barrister for Brenda, challenged this claim as he said there is no medical evidence to show she cannot live in a flat.
Sharon replied: 'I have two dogs to consider and I am hyper-vigilant and sound sensitive. A flat would not be suitable due to the noise levels.
'I would be better off living in a car. I couldn't cope with it.'
Mr Findlay insisted that Agnes had always been clear that her estate should be equally split and said Sharon's case that she is unfit for future work is 'an extremely pessimistic claim which is not adequately supported by medical evidence'.
He added: 'Likewise, there is no evidence from a suitably qualified expert in mental health to support her assertion that her cognitive and mental difficulties are such that she cannot work.'
'Significant' credit card spending
The barrister said there was evidence that Sharon, who lives on benefits, had received nearly £160,000 from various sources over the past ten years, although she now claims to be penniless, despite living rent-free.
He said: 'Sharon claims to have an income of £1559.44 per month, no other savings or assets, and outgoings of around £1,500 per month.
'Evidence of credit card spending does not support Sharon's case to be in deep financial need. She has regular expenditure on going out to restaurants and cafes, online shopping, through Paypal and Amazon Marketplace, dog grooming, and there is significant monthly expenditure on online courses relating to spiritualism and alternative medicine over the last few years.'
He highlighted that Brenda has multiple sclerosis, and is currently unemployed, and said: 'The claimant appears to believe that Brenda is hiding significant wealth and makes a number of other allegations, but there is no evidence to support the claims Sharon makes about Brenda.
'While she does own her own home, it is not valuable, and she is not wealthy.'
'Ann is also near retirement age and has dependent children. While her financial disclosure has been limited, there is no reason to believe she is sufficiently wealthy that she can forego her inheritance from her mother without some hardship.'
Brenda, who is an executor and beneficiary under Agnes' will, is opposing her sister's legal claim, while her fellow executor and beneficiary, Ann, has adopted a 'neutral position' in the case.
Judge Alan Johns KC is expected to reserve his ruling in the case.
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