‘Mother was not fit to sign will’, argues spurned daughter

An only child has contested the validity of her parents’ will after their entire £2.34m estate was left to the RSPCA.

Dr Christine Gill launched her legal battle in July last year upon discovering her parent’s 287-acre Yorkshire estate had been left to the animal charity. But the university lecturer argued her mother was forcibly coerced into signing her will by her controlling father.

During High Court hearings in Leeds, Judge James Allen QC heard how Dr Gill had looked after her parents and their estate for 30 years leading up to their deaths. She maintains that assurances regarding her inheritance of the estate were constantly offered.

The court was also told how Dr Gill’s mother suffered from agoraphobia and occasional panic disorders, whilst continually dependent on her husband’s actions to survive.

Their daughter successfully challenged the validity of the will, as English case law requires that a testator must have had the necessary mental capacity when legally signing away the provision of their estate.

Psychiatrists have agreed with Dr Gill’s suspicions, and believe Mrs Gill would have struggled to make many independent decisions. The Mental Capacity Act 2005 states:

"A person lacks capacity in relation to a matter of fact if at the material time he is unable to make a decision for himself. . . . . because of an impairment of, or disturbance in the functioning of, the mind or brain."

Adrian Newborough, Head of our Litigation and Dispute Resolution Team acts for a number Contentious Probate Disputes and for dependants who may be entitled to financial assistance on the death of a spouse, partner or parent.

Please contact Adrian on 01603 620508