Daughter wins RSPCA will challenge

Christine Gill, 58, from Northallerton, North Yorkshire, said the will, which left her parents' 287-acre farm to the charity, "should never have been made".

The judgment, handed down at a High Court hearing in Leeds, found that Dr Gill's "domineering" father had coerced her mother into making the will despite her "avowed dislike" of the charity.

Judge James Allen QC 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.

Speaking outside the court after the judgment, Dr Gill was visibly emotional and told reporters she was "shaking" and "about to burst into tears".

She said: "I've always believed that we would win (the farm) back and that conviction carried me through. The will was not just, there was nothing right about it. I think it's a will which should never have been made."

Dr Gill said she was relieved and happy she had won the case but was concerned about the costs, which were thought to be in the region of £1.3 million. The two sides spent the day in court arguing who should pay these costs, with much of the legal debate centred on what opportunities were available to settle before the lengthy and costly trial.

The RSPCA, which receives around £50 million in donations each year from legacies, said it was surprised and disappointed with the ruling and hoped to appeal against the decision.

A spokesman for the charity said: "We are concerned at any implications this could have for charities and other groups. Throughout this, the RSPCA has been in an extremely difficult position. The will left by Dr Gill's parents was very clear - in one sentence they left their entire estate to the RSPCA and in the next they said their daughter should receive nothing. In that situation the RSPCA cannot just walk away. In fact, we are legally obliged to seek the funds under charitable law.

"That said, we are a compassionate organisation and that's why we've tried to settle this matter amicably before it even came to court. Unfortunately, our offers were rejected. What this case does show is how important it is when making a will that people discuss their intentions with their family and beneficiaries, otherwise the impact can be very upsetting."