The court of appeal has overturned a high court judgment, which would have seen a number of charities lose thousands of pounds.
Animal lover
Animal lover June Fairbrother made a will leaving the majority of her £350,000 home to seven animal welfare charities – Redwings Horse Sanctuary, Chilterns Dog Rescue Society, Blue Cross, PDSA, IFAW, The Donkey Sanctuary and World Animal Protection.
However, when she died in 2011 her nephew Kenneth King – who was not named as a beneficiary in the will – claimed Mrs Fairbrother promised her property to him before she died.
The high court ruled last year Mrs Fairbrother did gift the property to Mr King, under the legal doctrine of ‘donatio mortis causa’ (gifts made in contemplation of death).
Landmark case
This decision left nothing for her chosen charities or the friends and family she had pledged money to.
Redwings Horse Sanctuary and Chilterns Dog Rescue Society decided to fight the decision. The court of appeal unanimously found in favour of the charities and overturned the high court judgment, in what is being described as a ‘landmark legacy case’.
Lord Justice Jackson said: “In my view, it cannot be said that June was contemplating her impending death at the relevant time. If June was dissatisfied with her existing will and suddenly wished to leave everything to the claimant, the obvious thing for her to do was to go to her solicitors and make a new will.
“June was an intelligent retired police officer. There is not the slightest reason why she should not have taken that course.”
‘Principle of law’
According to Lynn Cutress, chief executive of Redwings their decision to appeal was about a “principle of law”.
“June Fairbrother loved animals and had made a will to demonstrate that fact, and the high court judgment completely undermined her wishes,” she said.
“We knew this action was necessary in order to give confidence back to our supporters and the public at large that any wishes they set down in their will in their lifetime could not be overruled by something so fleeting and unsubstantiated.”
Mr King will receive £75,000 from the estate as the court of appeal confirmed the will did not make “reasonable provision” for him and he meets the legal criteria for a dependant under the Inheritance (Provision for Family and Dependants) Act 1975.