A Nigerian-British mother of two is locked in a bitter High Court battle with her stepmother after her estranged father excluded her from his £1.75 million will.
Daughter Seeks Provision from Father's Estate
Emma McDaniel, 40, is asking a UK judge for reasonable financial support from the estate of her late father, Mark Talbot, who passed away in October 2022. Mark Talbot, a property investor who amassed significant wealth, had written his daughter out of his will in 2014, stating he had not seen her for two decades.
However, the court heard that the pair reconciled in 2019 at the urging of Mark's mother. They rebuilt their relationship and even vacationed together at his villa in Portugal. Emma is now challenging the will, arguing that their renewed bond and her difficult personal circumstances entitle her to support.
A Life of Struggle and a Complex Estate
Mark Talbot left his entire fortune to his wife of 36 years, Rosemary Talbot. His will explicitly stated: "I DECLARE that I have NOT made any provision in my Will for my son Rhys Winstone whom I have never met nor my daughter Emma Winstone who I last saw about twenty years ago. I do not have contact with either of them."
Emma's situation is particularly challenging. She cares for two disabled children and manages several serious health conditions herself, including spinal problems, autism, ADHD, fibromyalgia, and chronic fatigue. Her husband also suffers from heart and spinal issues.
The family survives on a "complicated cocktail" of state benefits, supplemented by roughly £5,000 annually from a small business. Emma told the court she hopes to secure funds to buy a suitably adapted home and clear approximately £50,000 in debts.
Legal Arguments For and Against
Emma's lawyer, Aiden O'Brien, argued there is sufficient "head room" in the £1.75 million estate to provide for his client without causing injustice to the widow, Rosemary. He contrasted Emma's poor health with Rosemary's confirmation that she is in relatively good health with no disabilities.
Rosemary's barrister, George Woodhead, fought back. He insisted the will should stand and Emma should receive nothing. He stated Emma was not financially dependent on her father during his life and noted Mark had made clear he did not intend to leave anything to any of his children.
Woodhead further contended the estate reflected the "joint efforts" of the couple, arguing that Mark's business focus had limited Rosemary's earning ability, making the estate effectively her pension. He told Emma directly that her father's death had "no impact whatsoever on your resources," a statement she disputed.
Emma became emotional in court, describing how her father's death impacted her ability to work and her mental health. "The grief was complex and it continues to be complex," she said. "I spent a really long time working very hard to prove that I was good enough. In many ways, his death took away my purpose."
The judge has reserved judgment for a later date following the two-day hearing.
