Yahoo News Pensioner, 86, hatched "shameless" plot to cheat elderly brother out of £900k, judge says
An 86-year-old widower who claimed his sister gave him her £900,000 house on her deathbed has been slammed by a judge for his "shameless sense of entitlement".
Throwing out Stephen Keeling's claim, Judge Charles Hollander QC said the pensioner had "shamelessly rode roughshod" over the rights of other family members, including his dementia sufferer brother, Frank, aged 87.
The " thoroughly blinkered" Mr Keeling "insisted" that his sister, Ellen Exler, be separated from her beloved dogs and moved into a nursing home against her will.
She died, aged 91, just four days after leaving her sprawling home, Hadley House, in Westhampnett, near Chichester, for the last time.
Although Mrs Exler's estate was worth close to £1 million, disabled Frank would have been left with only about £3,000 had Mr Keeling won the case.
The judge's ruling means the estate will now be split three ways between the two brothers and two of their nieces.
He approached the issues in this case with a thoroughly blinkered attitude which involved him looking out for his own interests irrespective of the position or rights of others within his family.
Judge Charles Hollander QC
Mr Keeling, of Fontmell Magna, Dorset, and his wife, Doreen, now deceased, had visited the frail Mrs Exler, a widow, up to three times a week to take her shopping and help with her care, he told the judge.
Despite her protests, Mr and Mrs Keeling arranged Mrs Exler's move to a nursing home on 8 November 2012.
Judge Hollander said: "This created considerable acrimony because Ellen did not want to leave her home, or her dogs.
"All those involved in looking after Ellen were strongly against the move but Stephen and Doreen insisted that she be moved".
Mr Keeling explained that he was concerned about the quality of care she was getting at home and that it was "expensive".
But the court heard Mrs Exler survived only four days after leaving her home and died on November 12.
Mr Keeling insisted that "he was following what Ellen would have wanted" when he had Hadley House registered in his name after her death.
Lawyers for Frank, of Poole, later returned a cheque for £3,045.70 - which Mr Keeling claimed was his brother's share of the inheritance.
The judge said: "His [Mr Keeling's] insistence on putting into effect his controversial views in relation to Ellen's care upset many others seeking to do their best for her.
"He was willing to jump to wholly misplaced conclusions that witnesses such as Ellen's carers had been put up to lie.
"He struggled to see the other side of any argument or point apart from his own".
He added: "Most importantly, and this is the most serious criticism, his misplaced sense of entitlement to Hadley House meant that he approached the issues in this case with a thoroughly blinkered attitude which involved him looking out for his own interests irrespective of the position or rights of others within his family.
"He was content to shamelessly ride roughshod over the rights of other family members who had a contrary interest".
Judge Hollander said that there were "inconsistencies" in the various accounts given of Mr Keeling 's crucial conversation with Mrs Exler .
"I do not accept that Ellen ever made the statement which Stephen relies on...the alleged conversation never happened", he said.
The first mention of the gift came months after Ellen passed away and she had not told anyone else about it before she died.
The ruling means that Mrs Exler's estate will now be divided up between Frank, Mr Keeling , and two grown up children of a deceased sister.
Mr Keeling will also have to account to Mrs Exler's estate for any profits he made from renting out Hadley House since her death.
