Payout settles Bristol forged will claim

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Thursday, August 13, 2009
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This is Bristol

A family who took two Bristol delivery men to court claiming they had forged the signature on their uncle's will to get his £420,000 estate have settled out of court for an undisclosed sum.

Relatives of furniture shop owner Percy Rawlings, from Church Road, Lawrence Hill, had gone to Birmingham County Court to challenge the will which named brothers Philip and Peter Gibbs as its main beneficiaries – and left nothing to his relatives.

Mr Rawlings' niece Theresa Beddis and nephew Colin Rawlings asked a High Court judge to rule on whether the signature on the will was genuine.

But after a lengthy case Mrs Beddis, who had hired a private detective, and representatives for the Gibbs' brothers agreed to settle out of court.

Barrister Michael Roberts, who acted for the Gibbs' brothers, confirmed that the case had been settled out of court and a confidentiality agreement was in place, preventing either side from talking about the settlement.

In April, Birmingham County Court heard that when Mr Rawlings died, aged 90, of natural causes at Frenchay Hospital in February 2007, a will was found, dated March 8, 2004. It left the majority of his estate to Philip Gibbs, 49, of Crown Hill, Soundwell, and Peter Gibbs, 43, of Gloucester Road, Staple Hill – who worked for Mr Rawlings, making deliveries from his shop.

The Gibbs brothers, who run a business called FJ Gibbs in Grosvenor Road, St Paul's, selling second-hand goods, say they believed the money was left to them as a thank-you for looking after Mr Rawlings during the last years of his life.

Their legal representative Michael Roberts told the court that his clients were good friends and neighbours to Mr Rawlings between 2001 and his death in 2007, helping him with his laundry, groceries, pension and even taking him for haircuts.

Giving evidence, Mrs Beddis said the family did not dispute that the brothers had been a help to her uncle but did not believe he would have left nothing to the family.

Giving his evidence, Philip Gibbs claimed that Mr Rawlings' family had not visited him for 40 years and that he and his brother Peter had visited Mr Rawlings four times a day for the last five years of his life.

Mr Gibbs also denied he and his brother had tried to obtain enduring power of attorney when Mr Rawlings was in hospital, as claimed earlier in the trial.

He added: "Percy made comments about leaving us the shop after he had his stroke. I never thought anything of it, really. I didn't think he would be leaving us any of his assets. He was a very private person – I am not surprised he didn't tell me about it."

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    by TERESA, solihull

    Thursday, August 13 2009, 12:17PM

    “The family kept in touch with Percy throughout his life. Phone bills produced in court showed calls every week - sometimes more than once a week. Percy refused to allow any of his family or old friends to visit during the last few years of his life which made visits virtually impossible. This was confirmed by both his family and independent friends. Also there were a lot of health issues in his family - both his brotherand sister in law had cancer and his brother had major heart problems too. The two elderly brothers were last together a few months before Percy died and also when he was in hospital. Cards and letters were always exchanged - some right up to Percy's death. Percy regularly claimed he had seen no one all day - either he lied to his family or the Gibbs brothers have been lying. Official hospital social services records were produced in court showing that the brothers tried to get an Enduring Power of Attourney and control of Percy's assets yet the brothers still tried to deny this and suggest the hospital staff were lying. Why doesnt the Evening Post publish the copy of Percy's signature on the will and the copies of his signature from his cheques and bills? Let the people of Bristol make up their own mind as to whether or not Percy signed the will. It's not rocket science!!!”

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    by mary, bristol

    Thursday, August 13 2009, 9:15AM

    “anon, there is no proof that the family never visitied, it was just a claim made by the defendant. It may be true but it could also be a false one made by him to try and make the family look bad. Sadly the only person who could tell the truth passed away.”

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    by anon, bristol

    Thursday, August 13 2009, 8:30AM

    “What a farce the family had not been in contact with the old man for many years but as soon as he is dead they want his money they should be made to have nothing”

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