Woman on 'cocktail of benefits' sues stepmum after being left out of millionaire dad's £1.75m will

The High Court in London

Emma McDaniel appeared in the High Court seeking a portion of her late father's fortune

|

GETTY

Marcus Donaldson

By Marcus Donaldson


Published: 03/12/2025

- 14:17

Emma McDaniel was estranged from her father at just eight months old

A 40-year-old mother living on a 'cocktail of benefits' is taking legal action against her stepmother to secure a portion of her deceased father's £1.75million fortune.

Emma McDaniel was deliberately excluded from Mark Talbot's final will, drafted in May 2014, in which he stated he had not seen her for two decades and maintained no contact with her.


However, the pair reconnected five years later and built what the High Court heard described as a "close" bond before his sudden death in October 2022.

Mr Talbot's will left his entire estate to his wife Rosemary Talbot, with whom he shared a 36-year relationship.

Ms McDaniel is now seeking what her legal team terms "reasonable financial provision" from her father's substantial assets, arguing the sentiments expressed in his decade-old will did not reflect their relationship at the time of his death.

Mr Talbot left Ms McDaniel’s life when she was just eight months old in 1985, leaving her mother and never meeting his son Rhys, who was born after he left.

He subsequently built considerable wealth through various business ventures, selling a successful courier company in 1997 and expanding his fortune via property investments and a stake in Berkshire estate agents Cricketts.

By the time of his death, his assets included his residence Carbrook in Curridge, Thatcham, multiple rental properties, and a Portuguese villa valued at £450,000.

The High Court in London

Ms McDaniel reconnected with her estranged father five years before his unexpected death

|

GETTY

After leaving Ms McDaniel’s mother, Mr Talbot established a new life with Rosemary, with whom he had two additional children over their 36-year partnership.

The court heard that Ms McDaniel had only spoken to her father by telephone when she was 16, with no face-to-face contact occurring between his departure and their eventual reunion more than three decades later.

Their reconciliation came about in 2019 when Mr Talbot reached out to her at the urging of his mother, the court was told.

Father and daughter went on to develop what was described to Judge Caroline Shea KC as a "close" relationship, which included Emma joining him for holidays at his Portuguese property.

The High Court in London

The 40-year-old mother is currently living on a 'cocktail of benefits'

|

GETTY

Despite this renewed connection lasting until his unexpected death in October 2022, Mr Talbot never amended the will he had written eight years earlier.

Ms McDaniel’s barrister Aiden O'Brien told the court: "In 2019, the deceased sought out the claimant with a view to re-establishing a more normal father/daughter relationship."

He argued that while Mr Talbot had explicitly chosen not to provide for Emma in his 2014 will, this document was created "at a time when a meaningful rapprochement was not in anticipation".

Mr O'Brien submitted that because Mr Talbot died unexpectedly, "it cannot be said that the views he expressed so firmly in 2014 pertained by the time of his passing."

Ms McDaniel currently resides with her family in a three-bedroom housing association property, caring for two children who both have what the court heard described as "a constellation of disabilities."

Her husband also suffers from heart and spinal conditions, while Emma herself faces numerous health challenges including spinal problems, autism, ADHD, fibromyalgia, chronic fatigue and burnout.

Despite running her own business, she earns just £5,000 annually in wages and depends on what her barrister termed a "complicated cocktail" of benefits.

The family receives Universal Credit, Personal Independence Payment, Child Benefit and Disability Living Allowance to supplement her modest income.

Mr O'Brien told the court that Ms McDaniel is seeking provision from the estate to purchase accommodation suitable for her children's needs and to clear debts totalling £50,000.

He noted that Rosemary, by contrast, "has confirmed that she is in relatively good health and has no disabilities."

George Woodhead, representing Rosemary Talbot, argued the will should be upheld and Emma should receive nothing from the estate.

He submitted that Mr Talbot had never provided financial support to Emma nor assumed any responsibility for her maintenance during his lifetime.

The barrister contended that Mr Talbot had been clear in his intentions not to leave anything to his children, including those he had with Rosemary.

He further argued the estate represented the "joint efforts" of the couple, noting that Mr Talbot's focus on business "stopped Rosemary's earning ability" and the inheritance effectively constituted her "pension."

When cross-examined, Ms McDaniel was told: "Mark's death had no impact whatsoever on your resources."

She disagreed, telling the judge through tears: "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."

Judge Caroline Shea KC reserved her judgment for a later date.

More From GB News