Anthony Gold, acting for Mr John Mason, yesterday successfully defended a challenge brought by the RSPCA against the estate of his brother Mr George Mason deceased. The RSPCA disagreed with the executors' interpretation of his Will.
The RSPCA were the residuary beneficiary, and were left approximately £370,000 under the Will. Our client received a modest legacy of £66,000 and the deceased left a legacy of £403,000 to his oldest friends. The RSPCA contended that they should have received some £650,000 from the estate, and that our client's legacy should be reduced to £22,000 as a result, with the deceased's friend's legacy being reduced to £271,180.
Our client was the only living relative of the deceased. He believed that his brother would not have intended to diminish his legacy in this way, especially when he had already left a substantial legacy to the RSPCA. The Court agreed with this position, and found against the RSPCA, with the Judge repeatedly saying that he could not see their point of view.
Whilst our client is pleased with the verdict, which vindicates the position he has taken throughout this case, he is saddened that the legacy his brother, an animal lover, generously left to the RSPCA has been diminished to challenge his modest bequest. Over the last 18 months he has come under immense pressure from the RSPCA to agree to their interpretation of his brother's Will. This has caused him great distress on top of the burden of losing his only relative. As an individual with limited means, he could not afford the enormous cost of losing but felt obliged to honour his brother's wishes and defend the claim.
Speaking in The Independent, solicitor Clare Kelly who acted for John Mason said it was "quite disgusting" that a donation which had been left in good faith by an elderly animal lover had been used to pursue his relatives for more money. "You'd think that a charity that had essentially had a windfall of £370,000 would not then think: 'Let's go for more,'" she said. "I don't know why they're playing such a tough game. My view is that it's a complete misuse of the funding they're getting. In this case they were left several hundred thousand pounds, and they were trying to get several hundred thousand more." Speaking in the Daily Mail Clare said, "People leave money to charity to do good but had George Mason known that this was how his brother would be treated then he probably would have thought much more carefully about what he did with the money."
She added, "We have said throughout that the RSPCA's case was hopeless, and the Court agreed. We sincerely hope that other charities consider legal challenges very carefully before putting people through the type of experience that our client has had to endure."
This decision follows the recent finding against the RSPCA, in the decision in the case of Dr Christine Gill regarding Potto Carr Farm.
For further information please email Clare Kelly of Anthony Gold or call her direct on 020 7940 4006.
