A family are seeking legal advice as to whether they can challenge the will of their late father, after he left his entire £389,000 legacy to right-wing political party the BNP, reports The Mirror.
A deceased 81-year-old father of two has angered his heirs after leaving his entire estate to the far-right-wing political party, the British National Party (BNP).
Joseph Robson died in Spain in 2010, with an estate worth £389,000. However, instead of leaving the sum to his two sons, Jeremy and Simon, he decided to bequeath the vast majority to the BNP, and instead left his sons to share just over £100 between them.
The two sons have taken legal advice, as it is possible for families to challenge the provisions of a will in certain circumstances.
However, the fact that they were both mentioned in his will, and left with a nominal figure, will make bringing a successful challenge far more difficult.
Instead, lawyers representing the brothers are claiming that Mr Robson was precluded from leaving his estate to a political party in the UK, because he was not a registered UK voter in the last five years of his life.
Speaking in the High Court, lawyers for the two sons said that the law precluded any donation to a political party from anyone not registered to vote in the UK.
The BNP has been trying to claim the money for the past three years, and felt they had come up with an appropriate solution, after setting up a charitable trust to receive the money, effectively bypassing the law on donations to ‘political parties’.
Patrick Harrington, a key representative from the BNP, said: “Mr Robson had every right to be on the electoral register but, for whatever reason, he was unaware of the provision that he had to be. The pathway can never lead to the sons, that can never happen.”
However, Philip Capon, representing the two sons, said that the law was clear, and that as a result of the rules on political party donations, Mr Robson should be thought to have died intestate, without a valid will, which would effectively mean his estate passing to the two sons.
“The obligation under the Act is to pay the money back. The BNP is not entitled to the gift under this will. It does not have the lawful capacity under the Act to accept this gift. The gift fails and there is an intestacy,” Mr Capon told the court.
You may also like:
- Health and Safety: Alton Towers owner pleads guilty to health…
- International: Virginia governor overturns law to allow convicted criminals to…
- Criminal law: Ex-footballer Ched Evans faces retrial following successful appeal…
- Guest Blog: Cohabiting couples, their rights and the common law…
- Legal Aid: New report shows rise in DIY defence since…
If you cannot find what you are looking for on Findlaw.co.uk please let us know by contacting us at: firstname.lastname@example.org.
Furthermore, please be aware that while we attempt to ensure all our information is as up-to-date and relevant as possible occasionally some our articles may no longer be accurate.