Son whose late mother told him her £725,000 fortune was 'all yours' is now ordered to hand over more than HALF to her ex-boyfriend after 'unfairly' claiming he was 'just a lodger'

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A son who 'unfairly' claimed his mother's last boyfriend was just a 'lodger' inher home has been ordered to hand him more than half his £725,000 inheritance.

James Campbell, 35, said mother Sarah, who died during a flight to the Canary Islands in 2015, told him her estate was 'all yours', promising him everything she had when she died.

Under her will almost all of Mrs Campbell's fortune went to her son but her partner of 20 years Andrew Banfield, 66, challenged that as 'unreasonable' after their lengthy relationship leading to a bitter High Court battle. 

Under her will almost all of Mrs Campbell's fortune went to her son but Mr Banfield, 66, challenged that as 'unreasonable' after a 20-year relationship.

James Campbell, left, has been ordered to hand over more than half of his late mother's £725,000 inheritance to her partner of 20 years Andrew Banfield, right, after the 66-year-old successfully challenged the will in court

He said they lived as 'husband and wife' in her Thames Ditton home for over a decade and he was 'due a payout' to buy a new house to live out his days.

Mr Campbell claimed the relationship was not as close stated and that his mother was unhappy with Mr Banfield's 'sedentary' lifestyle and that he was more like a 'lodger' to her.

Mr Campbell, an only child, had 'an extremely close and loving relationship' with his parent, who raised him alone after his father died of cancer when he was 10-year-old, the High Court heard. 

But the judge sided with the pensioner and ordered Mr Campbell to handover more than half his inheritance to Mr Banfield.

Judge Paul Teverson said Mr Banfield suffered from disabilities which made the relationship 'more burdensome' for Mrs Campbell in later years.

But, ruling that Mr Banfield lived with the 63-year-old as her 'husband', he continued: 'I do not think it right or fair to characterise Mr Banfield as being no more than a lodger.

'The relationship between the deceased and Mr Banfield continued to contain an element of mutual support, with the deceased making it clear to her close friends that she did not want to be on her own.'

The couple knew each other from the local area and started a relationship in 1993 after the death of Mrs Campbell's husband, Neil Campbell.

Mr Banfield claimed they became engaged in 1999, but the son denied there was ever an engagement.

The relationship, although at first romantic, was more akin to lodger and landlady as the years went on, he claimed.

They slept separately, with 'sedentary and obese' Mr Banfield spending nights in the living room on a chair, he said.

'My mother was the life and soul of every party and had a very active social life, which disappeared around when Andy moved in,' said the son.

His mother wanted him to have everything when she died, said Mr Campbell, and only wished to see him happily settled down with a family of his own.

The judge said that after his mother's sudden death Mr Campbell had 'acted in a caring manner' towards Mr Banfield, recognising their mutual loss.

But he later made it clear he wanted him out of the house and the relationship between the men 'broke down entirely'.

'The circumstances of the present case provide an example of the vulnerable position in which co-habitants find themselves if they unexpectedly survive their partner,' he added.

Mr Banfield, pictured, said through his solicitors that he was 'very relieved' at the ruling and now 'has a home for life'

'Mr Banfield said in evidence he had known about the will but not been troubled by it as 'in the natural order' he expected to depart first.'

The judge found that, by 2001, Mr Banfield and Mrs Campbell were openly living together on a permanent basis.

And although they did not plan to marry, he said: 'I am satisfied that in the sense of a commitment to each other, they became engaged.'

She had complained to friends about having to do everything for Mr Banfield, but she was not willing to end the relationship, he continued.

She told friends she did not want to be on her own and 'needed to be needed'.

He continued: 'At the time of the deceased's death, she and Mr Banfield were going away on holiday together. Since the death of Mr Banfield's mother, they had been able to afford to do this twice a year.

'There is no doubt that Mr Banfield was shocked by the sudden death of the deceased. He returned from Portugal - where the flight had been diverted - on the next day with her body.

'Mr Banfield had himself made a will in 2009 leaving 50 per cent of his estate to the deceased, with the remaining 50 per cent being divided between his nieces and a nephew.

'This is consistent with a committed relationship.'

He ordered that Mrs Campbell's house be sold for at least £725,000 and half the proceeds invested in a home for Mr Banfield, which will revert to Mr Campbell on his death.

Mr Campbell was also ordered to pay £50,000 towards Mr Banfield's court costs from his own share of the estate.

Mr Banfield's solicitor Juliet Petchey, of Howell-Jones Solicitors, said later: 'Mr Banfield is very relieved that this litigation and in particular the trial has been successfully concluded.

'After the trauma of prematurely losing Sarah, his beloved partner of 20 years, Mr Banfield had no wish to undergo this distressing litigation.

'He is most grateful to the court for providing such a detailed, reasoned judgment in his favour, which now means that he will have a home for life.'