Briefing note on Gill v RSPCA  EWCA Civ 1430
1st January 2011
This is the long running, and much publicised, dispute between Dr Gill and the RSPCA concerning the validity of the will of Dr Gill’s mother in favour of the RSPCA.
On 14 December 2010 the Court of Appeal handed down its judgment whereby it found that the will was invalid for lack of knowledge and approval. The judgment is set to be one of the leading cases on lack of knowledge and approval.
It also demonstrates the problems that charities, particularly those with no previous relationship with the testatrix, may have in defending such a claim.