RSPCA fights to keep £2m farm in court appeal

University lecturer Christine Gill, from Northallerton in North Yorkshire, won the High Court battle last year to overturn the will, which left her parents' 287-acre farm to the RSPCA.

In a ruling given in Leeds, a judge found that Dr Gill's "domineering" father had coerced her mother into making the will.

But the findings of Judge James Allen QC were appealed against yesterday by the RSPCA during proceedings before the Master of the Rolls, Lord Neuberger, sitting with Lord Justice Lloyd and Lord Justice Jackson in London.

The appeal is being closely watched by other charities which have claimed they are "very concerned at its possible implications".

They have warned that the case could have far-reaching ramifications on their funding if the High Court judgement is not overturned as the public will be dissuaded from leaving money to charities in their wills.

Elspeth Talbot Rice QC, for the RSPCA, told the court that one of the issues for decision was whether the judge was "wrong to find that Mr Gill unduly influenced Mrs Gill into executing her will".

Another question was whether the judge was "wrong to find that Mrs Gill knew and approved of her will". Dr Gill, 59, who is represented by counsel, is contesting the appeal.

Judge Allen said it would be "unconscionable" if Dr Gill did not inherit Potto Carr Farm, near Northallerton, where she voluntarily helped out during her spare time over a period of more than 30 years.

Mr Gill died in 1999, aged 82. It was only when her mother died in 2006, also aged 82, that Dr Gill saw the will, in which her parents had left the farm to each other and then to the RSPCA when both died.

The judge found that Dr Gill's mother had wanted her daughter to inherit the farm but Mr Gill – who he described as a "bully" – had exerted pressure over his wife to favour the RSPCA.

In a statement, the RSPCA said: "The Gills had already provided substantially for their daughter during their lifetime, which included a large contribution towards the purchase of the farmhouse in which she now lives.

"The RSPCA carefully considered the merits of its action before taking the decision to defend Dr Gill's claims and subsequently to appeal in order to honour Mrs Gill's wishes.

"Whilst the charity appreciates Dr Gill's disappointment in failing to receive her mother's estate, the law in this country is clear – individuals have the testamentary freedom to leave their estate to whoever they wish."

The statement stressed that the RSPCA, like other charities, relies heavily on legacies to fund its operations.

Charities including Barnardo's, Great Ormond Street Hospital for Children and the Guide Dogs for the Blind Association as well as the National Council for Voluntary Organisations, the RSPB and the Charities Aid Foundation issued a joint statement with the RSPCA.

They claimed the case needed to be settled so charities can be "certain of the legal landscape" and "focus all their efforts in helping society, not spending time in courtrooms".

The hearing is due to continue today, although the judges are expected to reserve judgement.

will battle: University lecturer Dr Christine Gill and, inset, the 2m North Yorkshire farm that was left to the RSPCA by her mother, a decision which was overturned and is now being contested by the charity.MAIN picture: Tony Johnson.