RSPCA loses in the Court of Appeal
At the beginning of December, the Court of Appeal decided the long-running case of RSPCA v Gill, finding for the deceased’s daughter, Dr Gill. Reasons for the decision were reserved and were not given at the time of going to press.
Neil Long of Finers Stephens Innocent told Caritas that this is the first case for many years where a plea of actual undue influence has been successful in a probate case, and anticipates more of these.
He also observed that a broad sweep of recent contentious probate cases highlights:
- that where the terms of the will appear irrational (even if a lack of testamentary capacity does not invalidate the will) judges will often find against the will to achieve a result which appears objectively to be fair and reasonable; and
- that these cases tend to be decided in favour of those with the ‘better’ relationship with the deceased. In general, charities will have difficulty in establishing a strong moral claim, which may influence the judge’s decision.In the Gill case, there was some evidence Mrs Gill didn’t even like the RSPCA, so the relationship factor was negative.
He added: “Charities have the legal power to settle these disputes, and can obtain guidance from the Charity Commission where they are in doubt. Negotiation, mediation and sensible attempts to settle made by Part 36 Offers all offer an appropriate framework for resolving these disputes and they can take place in private, out of the glare of publicity, reducing legal fees and avoiding the longer term negative effect on income.”
See also ‘In the courts’ Caritas, issue 28 March 2010, page 4.
Author: Clarissa Dann
Clarissa Dann was the editor of Caritas as well as an HR and management online service,he People Bulletin until July 2011.
She is now the editor of the specialist trade finance magazine, Trade and Forfaiting Review which can be viewed at www.tfreview.com but does write on charity finance and investment from time to time.
Clarissa has a background in legal and professional publishing, as well as business journalism and holds an MBA from
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