Charity Fails to Win Farm in Court - But Seeks Appeal

21 January 2010

After a bruising legal battle, which has cost more than £1.3 million in fees, a Yorkshire doctor has won the right to inherit her late parents’ farm, which is valued at £2.3 million.

In 1993, Dr Christine Gill’s parents made wills which left their estates to each other and, on the second death, passed the estate in its entirety to the Royal Society for the Prevention of Cruelty to Animals (RSPCA). It was Dr Gill’s contention that her mother, who was predeceased by her father, was forced by him to write a will ‘mirroring’ his own.

Dr Gill had helped to manage the family farm for many years and had been assured repeatedly that it would pass to her when her parents died.

In the High Court, it was ruled that Dr Gill had a legitimate expectation to inherit the farm. The RSPCA has sought leave to appeal against the decision and is requesting the Court to order Dr Gill to pay £400,000 towards its costs, arguing that it had previously offered to settle the dispute in exchange for a payment of £650,000 by Dr Gill. Dr Gill’s costs are said to exceed £900,000.

The charity’s legal advisers claimed that it was ‘legally obliged’ to fight the case, a claim that was ridiculed by Dr Gill’s lawyers.

With economic times being hard, charities are taking an increasingly tough stance when legacies to them are disputed. It is often thought that charities – presumably because they do good works – will be easygoing in cases such as this. This is often very far from the truth. If you wish to leave a legacy to a charity when you die, we can help you make sure that this is done in a way which will minimise the chance of a successful challenge. If you think you have been unfairly excluded from a will, contact us for advice on your situation.

For more information on this subject or any other legal matter,
please contact us:

Tonbridge: 01732 770660
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