A BROTHER and sister have had their uncle jailed after he failed to hand over their share of their granny's £475,000 will.
Siblings Hollie Totton, 25, and Daniel Washer, 19, were entitled to half their grandmother's estate following her death in 2019.
But, the Essex pair were forced to take matters to court – against their uncle Mark Totton – as they're still yet to see a penny.
Totton, 51, was the executor of the will and in charge of distributing his mother Hazel Totton's money.
He had been left half, and his niece and nephew a quarter each, and he still to this day refuses to say why he hasn't handed their share over.
Earlier this year the siblings sued Totton at the High Court in an attempt to force him to give them their inheritance.
The 51-year-old had been ordered to set out the assets of the estate within a certain time and to give a full account of his dealings with it.
But he failed to do so and was ordered back to court.
Despite not turning up to face justice, Totton was found in contempt of court in August and, after being tracked down by police last month, was finally jailed for six weeks on Friday.
His sentence started yesterday.
The matter was heard in the High Court in London and Mr Justice Leech said Totton had "deliberately failed to comply with his duties as executor," and "flouted orders of the court".
The Judge said Totton still refused to say more about where the money has gone, choosing instead to exercise his right not to “incriminate” himself.
He had then finally "taken steps" to comply with the court orders by listing what was in the estate – £425,000 from the proceeds of sale of his mum's house and £48,000 in savings and investments.
But the Judge said Totton had only done that in a statement signed last week, and had gone on to say that he had been advised to say nothing more in order to avoid "self-incrimination."
Through his lawyers, Totton told the judge that he had never been in trouble with the police before and was a family man who stood to lose his job as a wedding and events planner if imprisoned.
He said he had always been supportive of his mother and family, including his niece and nephew, and had suffered depression amidst the family row over the money.
I put my head in the sand
The Judge said he may have considered suspending Totton's sentence if he thought it might encourage him to give his niece and nephew their inheritance.
But he said Totton's lawyers had not suggested a suspended sentence on the basis he "intended to comply with his obligations" was appropriate.
He ordered that Totton begin his sentence yesterday, and to pay his niece and nephew's £18,000 legal bills.
Speaking at a hearing last month, when he was brought to court after being arrested, Totton said: "I put my head in the sand.
"I was relieved when the police turned up to get the matter resolved.
"I apologise to the court, there are no excuses."
The siblings' barrister said they would now have to consider what steps next to take in their attempt to get their inheritance.
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