RSPCA loses appeal over £2m will

THE RSPCA lost a Court of Appeal challenge today to a ruling which overturned a will leaving the group a £2 million estate.

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

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

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But the findings of Judge James Allen QC were subject to an appeal by the RSPCA before the Master of the Rolls, Lord Neuberger, sitting with Lord Justice Lloyd and Lord Justice Jackson in London.

After hearing legal argument, during which a QC on behalf of Dr Gill, 59, contested the appeal, the judges dismissed the appeal and said they would give reasons at a later date.

In a statement released by solicitors Mishcon de Reya, Dr Gill said: "I am delighted that the Court of Appeal has upheld the High Court decision to overturn my mother's will.

"It was a matter of huge regret and disappointment to me and my family that the RSPCA chose not to accept the original decision, forcing us to endure another court hearing.

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"We can now settle back into our lives on the family farm that I love, and which I have dedicated many years to maintaining."

Mark Keenan, partner at Mishcon de Reya, added: "The Court of Appeal has said that it will give its reasons in due course, so we cannot provide detailed comment at this stage.

"However we are delighted that the Court of Appeal has upheld Judge Allen's decision that this will did not reflect Mrs Gill's wishes."

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.

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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.

Before the appeal began a number of other charities issued a joint statement saying they were "very concerned at its possible implications for the charity sector".