Taxi driver in £400k will row after wearing 'disrespectful Scottish hat' on day of dad's funeral

Taxi driver in £400k will row after wearing 'disrespectful Scottish hat' on day of dad's funeral Bani Verma’s lawyers are accusing driving instructor Harish of poisoning Gowerdhan’s mind against his oldest son and of plundering their dad's money before he died - Bookmark - CommentsGo to comments Become an Independent member to bookmark this article Already a member? Log in A taxi driver is fighting against being cut out of his father's £400,000 will, amidst claims he "disrespected" his dad by wearing a garish "Scottish tartan Tam O Shanter" hat on the day of his funeral. Gowerdhan Dass died aged 89 in February 2024, leaving his estate to his youngest son, driving instructor Harish Verma, and Harish’s wife, Paramjit, in line with a will which he made in November 2023 - just three months before his sudden death. But that will is now at the centre of a bitter court clash between Harish, 57, and his taxi driver older brother, Bani Verma, 67, who says their dad was "unduly influenced" to go back on an earlier will from 2015 which divided his estate equally among his family. Bani's lawyers are accusing driving instructor Harish of poisoning Gowerdhan’s mind against his oldest son and of plundering their dad's money before he died, including using £18,750 to buy a Jaguar Land Rover car for his wife. Richard Buston - barrister for Bani Verma - said the dad’s cash had been “decimated” by Harish before his death and that “elderly, frail and……vulnerable” Gowerdhan was isolated from his wider family in his declining years by Harish and his wife. The brothers are now fighting in court over which will stands, with Harish insisting Bani had been emotionally distant from their father, had disrespected him in his final years and mocked his memory by wearing a garish tartan bonnet on the day of his funeral. Central London County Court heard that Gowerdhan's earlier 2015 will had split his fortune four ways between the families of Harish, Bani, and Gowerdhan’s two other children. But under the 2023 will, driving instructor Harish and his wife got the lot, leaving cabbie Bani and the rest of the family empty-handed. Nina Roberts, for Harish, explaining the logic behind the new will, told Judge Jonathan Cohen that Gowerdhan had visited Harish “every day” after moving to Slough from Southall in 2010, and that despite trusting and relying on his younger son he continued to live an independent life - even visiting India for two to four months of the year. But despite Bani's claims that he visited his dad, who had been a surveyor before working at Heathrow Airport, up to four times per year, Ms Roberts said evidence indicated that “the last time he visited his father was in January 2022”. She also highlighted evidence from Gowerdhan’s mobile phone log, which she said showed no calls from Bani between February 2022 and his father’s death. “It is therefore submitted that the court can conclude that the last visit from Bani was nearly two years before the 2023 will,” she added. Harish and his wife had become the anchor for Gowerdhan during the last two years of his life, argued the barrister, while the solicitor who officiated during the final will process had recorded “lack of contact” as the driving force behind him cutting Bani out, the court also heard. On top of all this, Harish’s barrister claimed Bani showed "disrespect" for their father both during his life and even afterwards, pointing out that he donned inappropriate Scottish headgear on the day of his funeral, whilst he joked around “as if it were a wedding”. “It is submitted that his actions since the deceased’s death call into question the credibility of Bani’s evidence,” she argued. “On the day of the funeral, Bani wore a Scottish tartan Tam O Shanter hat to Harish’s home. This was disrespectful to the deceased, since neither of them have Scottish heritage. "Bani also walked into a room full of mourners, 'laughing and smiling as if it were a wedding'. “It is submitted that this behaviour demonstrates the level of respect Bani had for the deceased in his lifetime.” But Bani's barrister rejected the claims, telling the judge that Harish had cut him off from contact with their dad in his final years. “Bani Verma contends that, during the material period, the deceased was elderly, frail and was isolated by (Harish) and (his wife), who have taken control over his finances and in the latest round of bank statements disclosed appeared to have made repeated and significant withdrawals / transfers / payments from the deceased's accounts, running them down," said Mr Buston. “In short, Bani says the deceased was vulnerable and was exploited by Harish, who over time made himself joint account holder to the deceased's accounts and shut the deceased off from friends and family and had a hand in the creation of the 2023 will.” Mr Buston also claimed Harish exerted “undue influence” over the pensioner and transferred “streams” of cash from his dad’s accounts. Despite Harish’s insistence that he did not control his father’s finances, Mr Buston said this was “difficult to reconcile” with multiple cash transfers involving a “substantial amount of the deceased’s money”. He pinpointed seven specific cash transfers, totalling around £41,000, made to Harish or his family, which he claimed called for an explanation - including £18,750 paid into Harish’s account to buy a Jaguar Land Rover “subsequently said to have been gifted to Paramjit”. Other non-specific amounts of cash originating from Gowerdhan were spent on Harish’s “family travel, celebrations, food and gifts”, alleged the barrister. As Gowerdhan grew increasingly old and frail, he was also gradually “isolated” from Bani and his wider family by Harish, claimed Mr Buston, adding that he led their father to wrongly believe his older son had “abandoned” him. “In the present case, the court is invited to infer that the account allegedly given by the deceased that Bani and other members of the family had ceased contact with or abandoned him, did not reflect the true history of the family relationships," he said. "It was contradicted by the evidence of continuing visits, telephone contact, and family occasions." Rejecting claims that Harish genuinely believed that his brother had cut off contact with his dad, the barrister continued: “The 2015 will divided the estate between the principal branches of the family. “The 2023 will excluded those said to have abandoned the deceased and conferred the entire residue upon Harish and his wife. “The testamentary change precisely reflects the effect which the alleged false representations were calculated to achieve. “Harish also had both the opportunity and a substantial financial motive to poison the deceased’s mind. “The court is accordingly invited to find, on the balance of probabilities and upon strong and cogent evidence, that Harish deliberately or recklessly promoted a false account of abandonment and estrangement; that the account poisoned the deceased’s mind against Bani and other natural beneficiaries; and that it materially caused the execution of the 2023 will.” Ms Roberts said Harish denies inducing his dad to “falsely believe that Bani did not call or visit” - denying claims of “fraudulent calumny” by her client. Gowerdhan had been mentally sharp in his last years and knew what he was doing when he signed off his last will, she said, adding that there was no question of Harish trying to isolate him. “The deceased was a jolly, sociable man who had a close relationship with his youngest son, as demonstrated by their involvement in each other’s lives, including financial transactions dating back to the joint purchase of a property in India in the 1990s," she said. “Whilst Bani may have expected an inheritance as the son of the deceased, this does not lead to Harish having coerced his father into making the 2023 will.” After two days in court, the judge adjourned the case in order for the parties to put in more evidence, with the case set to resume later this month. Join our commenting forum Join thought-provoking conversations, follow other Independent readers and see their replies Comments