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The final will of a widow who left £10 million to the owners of a Chinese restaurant was upheld by the High Court yesterday, despite claims by her family that she did not know what she was doing.
A judge ruled that Golda “Goldie” Bechal was in sound mind when she gave the bulk of her estate to Bee Lian Man and Kim Sing Man, owners of the Lian restaurant at Witham, Essex, whom the widow considered to be closer to her than her family.
The Mans, who often served Mrs Bechal her favourite dish of pickled leeks and beansprouts, expressed delight on the steps of the Royal Courts of Justice that their friend’s wishes had been granted.
Mrs Man said of Mrs Bechal: “She was like a mother to us. We had a very special relationship. She described us as being like her children.”
Sir Donald Rattee, the presiding judge, dismissed a claim by Mrs Bechal’s nephews and nieces that she did not have testamentary capacity when she made a pair of wills in May and August 1994.
“It was not in any sense irrational to give the bulk of her estate to Mrs Man, whom she regarded as the daughter she never had, and to her husband,” he said.
The court was told that Mrs Bechal, who died in 2004, grew close to the Mans and went on holiday to Israel with Mrs Man in 1994.
The judge said: “I am satisfied that by 1994 Mrs Bechal did regard Mrs Man with all the affection she would have given to a member of her own family.”
The court heard that on a visit to the Western Wall in Jerusalem, Mrs Bechal told Mrs Man that “she wished she [Mrs Man] could have everything she wanted” and that “she had been so good to her and cared for her”.
When Mrs Bechal drew up a will using a service provided by her bank, she described Mr and Mrs Man as her “best friends”.
The court rejected a challenge by her nephews and nieces – Sandra Blackman, Barbara Green, Laurence Lebor, Louise Barnard and Mervyn Lebor – who said that they were entitled to inherit her estate.
Michael Cooper, who is believed to have acted for the relatives on a no-win, no-fee basis, issued a statement on his clients’ behalf expressing their disappointment: “Ours is a close and loving family and we did our utmost to support our aunt after she lost her husband and son, and brought this action to ensure that her wishes to benefit charity were upheld.”
Gerald Lebor, Mrs Bechal’s brother-in-law, told The Times that all the nephews and nieces were independently wealthy and had not brought the case for financial reasons.
Mrs Bechal’s nieces, Sandra and Louise, were in court to hear the judge say: “In my judgment, on the balance of probabilities, Mrs Bechal had testamentary capacity. The will executed by Mrs Bechal in August 1994 was valid.”
Mrs Bechal died in January 2004, aged 88, leaving a portfolio of commercial properties.
The judge accepted the Mans’ evidence that Mrs Bechal, sad and lonely after the death of her husband and of her son, Peter, at the age of 28, became almost part of their family.
They went on foreign holidays with her and there were regular get-togethers at their restaurant and at her flat in Mayfair, Central London. Mr Man visited her whenever he was in London to buy restaurant supplies.
The judge said that Mrs Bechal’s decision to draw up a will with a bank rather than her solicitors was not indicative of dementia but of her wish to keep her intentions private. She was anxious that her family should not know of her intentions regarding the Mans, he said.
After making the will, she told the Mans what she had done. She said that they should expect trouble from her nephews and nieces and “must be strong”.
Mr Man, asked how the result would affect them, said: “It will make no difference. Life goes on as normal.”
The nephews and nieces who challenged the will were ordered by Mr Justice Rattie to pay the Mans’ costs of £450,000.
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