The power to contest a Will

The legal case of Gill v RSPCA [2010] examined the extent of the power of a disinherited relative to contest the terms of a Will.

The Will concerned left a legacy of £2.35 million to the RSPCA and nothing to the testator's only child. This was challenged by the testator's daughter who asserted that her mother had been unduly coerced and bullied by her father in making the legacy. In the original judgment the Court agreed that the mother had been unduly influenced as she had an 'avowed dislike' of the RSPCA due to its anti-hunting campaigns and had previously assured her daughter that she would inherit her estate.

However, the RSPCA has appealed against this decision, which is currently being heard by the Court of Appeal. The RSPCA has explained that if it did not pursue the appeal, this would deter people from leaving legacies to charities in their Wills if they could not be certain of such gifts being upheld. As legacies provide charities with a large proportion of their income, they would be severely compromised in their work if people were deterred from bequeathing their assets in this way.

The case highlights the fact that the provisions of a legally binding Will can be amended in certain circumstances. As well as in circumstances of undue influence and coercion, a Will can be amended to make provision for certain people who were connected to the deceased, such as their spouse, former spouse, children or other dependents, under the Inheritance (Provision for Family and Dependants) Act 1975. People who wish to leave legacies to charities or in a way that disinherits certain family members or dependents, should have their Will drafted by a solicitor so that it stands the greatest chance of being upheld after their death.