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Substantial legacy lost

May 2009

Mary Gray Ritchie died on 12 November 2006 aged 88, leaving an estate valued in excess of £2.5m.

In her will dated 7 October 1998, she left the lot (except for £5000 to her local church) to the National Osteoporosis Society. There was no prior will and her four children claimed that the will was invalid on grounds that she did not have testamentary capacity when it was executed, and that she was suffering from irrational delusions. If the judge agreed, the estate would pass to her family under the intestacy rules. One of the pieces of evidence was that of a consultant psychiatrist, who stated that the testator ‘seemed to be secretive, suspicious and determined to exercise her power over her children by leaving her estate to the National Osteoporosis Society and St Mary’s Church Alne’. It was this that persuaded the court that her motive in making the will was to cut out the claimants rather than benefit the charity. Judge Behrens concluded that Mary did not have testamentary capacity, died intestate, and the grant of probate to the will had to be revoked.

In the matter of the estate of Mary Gray Ritchie, deceased sub nom (1) James Richie (2) William Barr Ritchie (3) Helen Gall Swiers (4) Margaret Gray Barr Pick v (1) Peter Francis Kevin Joslin (2) Robert James Brock (3) National Osteoporosis Society [2009] EWHS 809 (Ch)1 April 2009
Clarissa Dann

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 Cass Business School. She has been one of the judges for the non-profit category of the Chartered Institute of Marketing's Excellence in Marketing Awards for the second year running.

She has also acted as clerk to the trustees of a small almshouses charity and as a member nominated trustee to a pension scheme of a multinational publishing company.

 

Click here for other articles written by Clarissa Dann

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