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Mr Franks, you go away with nothing : Solicitor who drew up his mother’s will to inherit her fortune defeated in court

A Borehamwood solicitor drew up his mother's will without her knowledge or approval' in order to inherit part of her large estate, a High Court judge has ruled.

Morley Franks, 63, a partner in Turner & Debenhams, in Shenley Road, had hoped to prove a will he drew up in 1994 was valid, but Mr Justice David Richards said the solicitor was not a witness on whose evidence I can rely' and not telling the truth'.

Mr Franks has been practising in Borehamwood since 1978, first as a partner in Measures Franks & Co until 2004, then when it merged with Turner & Debenhams. He specialises in wills and probate laws.

This week, his firm refused to comment on his position following the judgement, which took place at the High Court in December.

The judge explained that Mr Franks drew up a will in 1994 on behalf of his then 89-year-old mother, Jennie Franks. It was meant to replace one Mrs Franks made in 1992, which excluded her son from inheriting any of her estate.

The will included the proceeds from the sale of five houses and her home in Finchley - most of which was bequeathed to her grandchildren.

The court heard that Mrs Franks, a widow, did not trust her son, feeling that he had robbed' her when he sold one of her properties in 1981, which was registered in his name, without telling her and without giving her the proceeds.

It was only when Mrs Franks died in 2004, aged 99, that other family members became aware of the will Mr Franks drew up in 1994.

Defending the validity of the 1992 will at the hearing were Mr Franks's sister, Ann Sinclair, and her two sons Jonathan and David.

Mr Justice Richards conceded that Mr Franks read the 1994 will to his mother in front of two credible witnesses - and she then signed it.

But he said it was unlikely she understood its significance because of the technical language - which he said can be like gobbledygook' to people without a legal background.

The judge also described a further incident involving money Mrs Franks had put in bank accounts in her son's name.

He said: "In late 1992 and early 1993, Mr Franks took steps to close five building society accounts in his name and to transfer the funds to his own account.

"He did so without the passbooks and without consultation with Mrs Franks. Whether or not she was entitled to be consulted, she was annoyed that Mr Franks had taken these steps, as she would see it, behind her back."

The ruling means that the 1992 will stands and Mr Franks will receive nothing from his mother's estate.

6:09pm Thursday 11th January 2007

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