A 'black widow' who married a man on his deathbed and was jailed for stealing his granddaughter's inheritance will now not have to pay the cash back.

Judith Brown, from Haverthwaite, walked free from jail after just five months and his family had vowed to keep fighting to claw back the money.

But now - after a five year battle - they have been told she currently will not have to hand back the £15,000.

A Proceeds of Crime hearing was held at Preston Crown Court and police asked for an attachment of earnings order against her £200 per month pension. 

It transpired that this was an unlawful order and couldn't go ahead.

So now just has to pay £500 in compensation to the family within three months. The case could be re-opened if she ever came into a large cash windfall.

Roy Mitchell's eldest daughter Nina Taylor described the outcome as "disgraceful." 

Judith Brown, 56, wed Roy Mitchell, 66, just over a week before he died after a long illness in 2011, but he changed his will so she would be the main beneficiary and trustee.

Of Mr Mitchell's £180,000 estate, £60,000 was supposed to be divided between his four grandchildren to be spent on their education - but the widow stole £15,000. Brown-Mitchell, as she became known after she married, was Mr Mitchell's carer as he battled bowel cancer in 2011.

He changed his will at the end of August that year and the pair, who met in 2006, married days later - but the then terminally ill man's family were not invited and were only told of the marriage by text message.

Mr Mitchell's family also had no idea his will had been changed in Brown-Mitchell's favour until he died.

After his death on September 10, 2011, Brown-Mitchell, of Haverthwaite, should have handed over £60,000 for the children's education but refused to do so, Preston Crown Court heard in March last year. Eventually £45,000 of this was seized after a previous court hearing, but the rest of the inheritance - meant for the eldest granddaughter Charlotte Taylor aged 17 - was "squandered", as well as a further £100,000 spent on "shopping and entertaining herself".

Judge Howard Bentham criticised Brown-Mitchell for stealing £15,000 from a minor as he jailed her for two years. He said the defence of her actions was "incredible" and said she had "wilfully and deliberately" failed in her actions as a trustee.

Brown-Mitchell, who fostered young offenders before being struck down with multiple sclerosis, pleaded guilty to the theft of £15,000 between September 2011 and October 2014.

Mrs Taylor, a 42-year-old teaching assistant from Warrington, said: "It is disgraceful that she now does not have to pay Charlotte any of the £15k and even more so that it is my dad's pension money that she is getting. The law and government guidelines are appalling. The amount of money that it has cost us through civil and crown court and also the tax payers to take this matter to court involving barristers, solicitors, police time and money and yet she served only months of a 22-month sentence.

"Unfortunately we have to try and move on knowing that she did get some sort of punishment by going to court and that we acted quickly and to the best of our ability and managed to obtain most of the children's inheritance.

"I know she has and never will hand over any money to Charlotte or the family. 

"She is a nasty and evil woman and hope that she does not fool any other families."

Charlotte Taylor, 18, added: "The continuous battle to honour my granddad's wishes has yet to come to an end. In March 2015, Judith Brown-Mitchell was sent down for two years for theft of my £15,000 inheritance. My granddad passed away in September 2011, marrying the black widow just days before he died. Since then,my family have fought for what is rightfully mine and what my granddad wished for me to receive upon reaching 18 years of age – '£15,000 to be used for  education or property purposes'. 

"In September 2015, I started studying events management at Leeds Beckett University, I know he wished me to have this money to ensure he knew I would never go without, to help me succeed in life and to make him proud. During this period Judith Brown-Mitchell was released from prison after only five months inside. In my eyes, far too early. 

"In this current generation, this unlawful act has not been dealt with in a serious manner. Firstly, stealing this much money from a minor is a very serious offence and she has not served her correct punishment. 

"In this day and age, what does this teach young people? That it is right to steal? Five months is not enough to have an effect on society to help prevent these sorts of crimes. Secondly, the extremely long process of five years, in and out of court with still nothing resolved, simply proves that the justice system is actually incapable of gaining any form of justice.

"And finally, she has £50,000 of my granddad's pension given to her monthly, as well as disability benefits.

"Due to a recent change in government laws, we cannot access this lump sum of my granddad's cash, despite having a court order to do so. This woman is still spending money that technically belongs to me."

When contacted by the Evening Mail Brown-Mitchell declined to comment.