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| 'Formidable' retired police officer loses fight to reverse transfer of £1.25m home | 'Formidable' retired police officer loses fight to reverse transfer of £1.25m home |
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| A “formidable” former police officer is facing a six-figure legal bill after losing a high court battle to reverse the transfer of her £1.25m country home to her son. | A “formidable” former police officer is facing a six-figure legal bill after losing a high court battle to reverse the transfer of her £1.25m country home to her son. |
| Sheena Godden, 76, had claimed she made a mistake when she signed over the property – which includes five dwellings, three acres of grounds and a swimming pool – to her son Robin and his wife, Mary, in 2012. | Sheena Godden, 76, had claimed she made a mistake when she signed over the property – which includes five dwellings, three acres of grounds and a swimming pool – to her son Robin and his wife, Mary, in 2012. |
| “On any footing, this is a sad case,” the judge, Andrew Simmonds QC, told the chancery division in London as he rejected Godden’s claim in full, including allegations that her son and daughter-in-law had conducted a campaign of harassment against her. | “On any footing, this is a sad case,” the judge, Andrew Simmonds QC, told the chancery division in London as he rejected Godden’s claim in full, including allegations that her son and daughter-in-law had conducted a campaign of harassment against her. |
| Godden, who uses a wheelchair, was a “formidable” woman, “intelligent, determined and fiercely independent” with “extensive experience of fighting her corner”, Simmonds said. However, she had at times fallen out with tenants, firms of solicitors, contractors and all three of her children. | Godden, who uses a wheelchair, was a “formidable” woman, “intelligent, determined and fiercely independent” with “extensive experience of fighting her corner”, Simmonds said. However, she had at times fallen out with tenants, firms of solicitors, contractors and all three of her children. |
| Several witnesses had also spoken of the former police officer’s tendency on occasion “to take rather too much brandy”, said the judge, a habit that he said might have affected her evidence in court. | Several witnesses had also spoken of the former police officer’s tendency on occasion “to take rather too much brandy”, said the judge, a habit that he said might have affected her evidence in court. |
| The case involved a family with “a history of volatile relationships”, the high court in London heard. Godden and her late husband, Barry, bought Kenwood – a large, detached Victorian house in three acres of grounds – in 1979, when they were serving police officers. It has remained her home ever since. | The case involved a family with “a history of volatile relationships”, the high court in London heard. Godden and her late husband, Barry, bought Kenwood – a large, detached Victorian house in three acres of grounds – in 1979, when they were serving police officers. It has remained her home ever since. |
| The property includes several units: the main house, an adjoining five-room annex, a one-bedroom studio flat above the annex, a two-bedroom house 50ft from the annex called the Coach House, a detached three-bedroom bungalow called The Cottage and a two-room wooden lodge used for storage. | The property includes several units: the main house, an adjoining five-room annex, a one-bedroom studio flat above the annex, a two-bedroom house 50ft from the annex called the Coach House, a detached three-bedroom bungalow called The Cottage and a two-room wooden lodge used for storage. |
| Godden had three children – Katrina, James and Robin – who were teenagers when Kenwood was bought, but since her husband’s death from cancer in 2001, she had fallen out with all of them. In 2008 she cut them out of her will, leaving her entire residuary estate to a cancer research charity. | Godden had three children – Katrina, James and Robin – who were teenagers when Kenwood was bought, but since her husband’s death from cancer in 2001, she had fallen out with all of them. In 2008 she cut them out of her will, leaving her entire residuary estate to a cancer research charity. |
| In a memorandum accompanying the will, she stated she had made “the conscious and considered decision to exclude my own children because of their behaviour towards me”. | In a memorandum accompanying the will, she stated she had made “the conscious and considered decision to exclude my own children because of their behaviour towards me”. |
| Then, in November 2012, shortly after a reconciliation with Robin, 50, she signed over the large detached Victorian house, which lies on a gated private road in the upmarket town of Bosham in West Sussex. | Then, in November 2012, shortly after a reconciliation with Robin, 50, she signed over the large detached Victorian house, which lies on a gated private road in the upmarket town of Bosham in West Sussex. |
| The transfer took place after the main house became dilapidated and Robin, a carpenter and joiner by trade, and his wife agreed to move back to Kenwood to carry out renovation works. The couple said in court that the agreement was to provide them with security, as they were intending to sell their own home to fund renovation work. | The transfer took place after the main house became dilapidated and Robin, a carpenter and joiner by trade, and his wife agreed to move back to Kenwood to carry out renovation works. The couple said in court that the agreement was to provide them with security, as they were intending to sell their own home to fund renovation work. |
| After a fresh falling out, Godden had simply changed her mind and threatened to “go legal”, they said in their evidence. | After a fresh falling out, Godden had simply changed her mind and threatened to “go legal”, they said in their evidence. |
| Godden claimed she had only signed the transfer documents because she thought it was necessary to register title to her property, the deeds having been lost. She said the transfer was “a result of a mistake on her part as to the true nature of the transaction”. Alternatively, it was the result of “undue influence” by her son and daughter-in-law, or they had taken advantage of her vulnerability, she said. | Godden claimed she had only signed the transfer documents because she thought it was necessary to register title to her property, the deeds having been lost. She said the transfer was “a result of a mistake on her part as to the true nature of the transaction”. Alternatively, it was the result of “undue influence” by her son and daughter-in-law, or they had taken advantage of her vulnerability, she said. |
| She had since been living like a “prisoner in a decaying wreck” in an annexe on the property, which sometimes had no heat, gas or hot water, she told the judge. “I lost everything I ever owned,” she said. | She had since been living like a “prisoner in a decaying wreck” in an annexe on the property, which sometimes had no heat, gas or hot water, she told the judge. “I lost everything I ever owned,” she said. |
| But the judge said he did not believe Godden’s claims. “Her lack of mobility has made Sheena vulnerable in the sense of needing help from others for cleaning, shopping and going out,” he said. “But, it is important to emphasise that, in my judgment, this has not affected her independence of spirit or her grip of her financial affairs. | But the judge said he did not believe Godden’s claims. “Her lack of mobility has made Sheena vulnerable in the sense of needing help from others for cleaning, shopping and going out,” he said. “But, it is important to emphasise that, in my judgment, this has not affected her independence of spirit or her grip of her financial affairs. |
| “I regret to say that I did not find Sheena to be a reliable witness. Her determination to fight her corner made her unnecessarily argumentative and unwilling to acknowledge inconsistencies between her evidence and the documentary record.” | “I regret to say that I did not find Sheena to be a reliable witness. Her determination to fight her corner made her unnecessarily argumentative and unwilling to acknowledge inconsistencies between her evidence and the documentary record.” |
| Her case was “confused, inconsistent, implausible and contradicted by documentary record”, he found, while Robin and Mary’s was more believable. Her fondness for a drink may have affected the reliability of statements made by her, though it was not the case that she had been drinking when she transferred the property, the court heard. | |
| Simmonds refused to transfer the property back to Godden, but said all parties had agreed she could stay in the annexe for the rest of her life. The court heard that she had originally moved in there after health problems meant she had to use a wheelchair some of the time. | Simmonds refused to transfer the property back to Godden, but said all parties had agreed she could stay in the annexe for the rest of her life. The court heard that she had originally moved in there after health problems meant she had to use a wheelchair some of the time. |
| Concluding, the judge lamented the tearing apart of the family relationships and its impact, particularly on Robin and Mary’s daughter, Nathalie, a student. Simmonds said: “The task of the court is simply to decide the legal issue. But I do hope that, once my judgment has been digested, Sheena, Robin and Mary may be able to put this behind them and live harmoniously, as they must try to do, at Kenwood. | Concluding, the judge lamented the tearing apart of the family relationships and its impact, particularly on Robin and Mary’s daughter, Nathalie, a student. Simmonds said: “The task of the court is simply to decide the legal issue. But I do hope that, once my judgment has been digested, Sheena, Robin and Mary may be able to put this behind them and live harmoniously, as they must try to do, at Kenwood. |
| “Nathalie gave moving evidence about how the dispute between her parents and her grandmother has affected her. Each of the parties may wish to reflect on that.” | “Nathalie gave moving evidence about how the dispute between her parents and her grandmother has affected her. Each of the parties may wish to reflect on that.” |
| Godden was ordered to pay Robin and Mary’s legal costs, estimated at about £115,000, but would also have to pay her own. Representing the couple, barrister Daniel Gatty said: ‘Sheena has brought this liability upon herself by bringing this action.’ | Godden was ordered to pay Robin and Mary’s legal costs, estimated at about £115,000, but would also have to pay her own. Representing the couple, barrister Daniel Gatty said: ‘Sheena has brought this liability upon herself by bringing this action.’ |