The family of an eccentric 'hermit' who drew his £ 650,000 at home with an Ukrainian waitress he met in his local café, has won a lawsuit to get it back.
History Buff and military memorabilia collector Richard Joy died in May 2018 – after he had lived in the parental home in Harrow, northwest, where he gained a 'mountain of books' and left the old room of his parents untouched.
The 82 -year -old – described by his family as a 'hermit' – never married or had children and spent the majority of his time in the local library or worked on his collection of rare coins, medals and millitaria.
But less than two years before his death, he donated his house to Mariia Romanyshyn, 38, a Ukrainian waitress he met when she worked in a nearby café in 2011.
Mrs. RomanyShyn said she was a close bond with Mr. Joy, who visited the 'upper crust café' in Harrow three times a week – in which the pensioner eventually invited her and her family to live with him in his house as his 'adopted family'.
She said that Mr. Joy decided to give her his home in 2016, 'the deeds of the building in her hands' 'push and say:' The house is yours – I want you to keep the house. '
But Mrs. RomanyShyn was charged with the 'gift' of the house by Mr. Joy's cousin and performer of his Martin Larney estate, who went to court to get the ownership back for the family.
He claimed that Mr. Joy was mentally weak to understand what he was doing, but Mrs. RomanyShyn fought back.
Mariia RomanyShyn (photo), 38, a Ukrainian part -time waitress, was gifted in his will by Richard Joy £ 650,000
Displayed, the £ 650,000 Harrow ownership in the center of a bitter will fight between the family of Mr. Joy and Mrs. Romanyshyn
Mrs. Romanyshyn was sued by the cousin of Mr Joy and performer of his estate, Martin Larney (photo with his mother Doreen)
She insisted that he was sharp enough to follow the complex storylines of actor Benedict Cumberbatch in TV series Sherlock and to play chess with her daughter, for whom he was a 'grandfather figure'.
After a week in the court, the case came to an end when the parties agreed to establish their row, with Mrs. Romanyshyn dropping her claim on the property of the house.
In his order, judge Simon Monty said that the parties had agreed that her claim would be 'fired' on the house and the estate of Mr Joy distributed under the conditions of a testament of 2011.
That leaves most of his legacy to Mr Larney, his 87-year-old mother Doreen and also a former friend.
During the trial at the Central London County court, Judge Monty heard that Mr Joy had never had his own family and had lived in his parents' house all his life.
Under a will in 2011, most of his fortune, including the house, had to be divided between Mr Larney, his mother Doreen and a friend who is not involved in the case.
But after the death of Mr Joy, it turned out that he had signed a document in 2016 that the building had donated to Mrs. Romanyshyn.
The gift before the court disputed Mr Larney's lawyer, Andrew Nicklin, that Mr. Joy had no capacity to make such a big decision in that phase of life.
Mr. Joy met Mariia Romanyshyn when she worked in this café in Harrow, Northwest London
He was 'vulnerable with apparent cognitive impairment' and 'dependent' on Mrs. Romanyshyn, who at a certain moment had moved to his house with her family after they became friends in the cafe, the lawyer said.
Mrs. RomanyShyn explained and explained how she got to know Mr Joy in 2011 while she served him in the cafe, where she knew him as a 'respectable and renowned customer'.
After Mr. Joy had spent an enchantment in the hospital, she had offered to help him with shopping or informal chores and helped him on a more regular basis as the years passed.
Mr. Joy had repeatedly encouraged her and her family to set up a house with him, she said and told her, “My wish is that this is your parental home.”
She told the court that she eventually exchanged, together with her family, despite her doubts about such a big step that forced her to leave earlier plans to move from London and buy a house.
Her lawyer Lynne Counsell said: “She and their children became the adopted family of the deceased and they helped him and took care of him, but neither of them ever received carers and were not asked for money or received money for their care and help in any time.”
Mrs. RomanyShyn treated the pensioner 'Like her uncle', while her daughter considered him 'as a grandfather figure' – and he was still mentally sharp enough to make big decisions, MS Counsell continued.
The lawyer added: “The deceased played chess with Mrs. Romanyshyn's oldest daughter before and after the deed of the gift and he also watched and could follow episodes of Sherlock on television.”
Mariia Romanysshyn (depicted), 38, a Ukrainian part -time waitress, got the house of Richard Joy's £ 650,000 in his will – before he was sued by Mr. Joy Martin Larney's cousin
Mrs. Romanyshyn said to court, Mr. Joy, just told her: “I have a gift for you,” before she offered her the households she had answered: “Don't worry, I'll take good care of you.”
She added: 'He received and felt the care, love and affection of me and my family. There was an extremely high degree of trust between us. '
But Mr. Larney's lawyer, Mr. Nicklin, suggested that Mr. Joy was unable to sign up complex legal documents in 2016.
He said to the court: “The deceased was vulnerable with apparent cognitive disorders and, in the field of the medical evidence produced, without capacity.”
Although it accepted that the relationship between Mr. Joy and the family of Mrs. Romanyshyn might have involved 'care and affection', he said that she held 'a position of climb' that demanded that the greatest care would be taken to ensure that he knew what he did in determining legal issues.
The proof of Mr. Joy's 87 -year -old cousin Doreen Larney – who is now inheriting part of the house under the Will of 2011 – described her first cousin as a 'a bit of a recluse' who tended to burn his money.
She said that his bank manager father had tried to let him in confidence because he “got through so quickly.”
“He just wasn't good with money, it had no value for him,” she said to court, and added, “He would spend £ 6,000 on a gold coin and then he would have no money left.”
Larney (photo) told the Supreme Court that the gift of the property was invalid in 2016 because Mr Joy was too mentally vulnerable to fully understand what he was doing at the time
Larney went to court to cancel the gift of the house 2016, so that it could be included in his estate and could be divided under the conditions of his will in 2011.
The court heard that under the Will Mr. Joy's collection of Millitaria was donated to the Imperial War Museum in South Londs, while part of his coin collection was sold to pay for his funeral costs.
The case was heard in a one -week trial last month, but the warring parties agreed to arrange their dispute outside the court after negotiations behind the scenes.
The settlement is partly confidential, but Judge Monty stated in his order that he was 'satisfied with the evidence that was heard during the trial that the last true will of Richard Anthony Joy was the will of November 26, 2011'.
He said that Mrs. Romanyshyn's counterclaim to Mr Larney, in which she was looking for a statement that she owns Mr. Joy's old house because of a gift in 2016, would be 'fired'.
