High Court Battle To Gain Access To £389,000 Fortune

Two sons have launched a legal battle in the High Court in an effort to claim a larger share of the estate of their late father, who left his £389,000 to a political party.

Joseph Robson, who was born in Northumbria, but lived in Alicante at the time of his death in March 2010, gave the party his entire estate outside of Spain. He left his sons Jeremy and Simon with just £135 from a Spanish bank account.

The legal challenge is based around whether their expat father should have been able to give the estate over to a political party in the UK, when he had not been a registered voter for five years prior to passing away.

Acting for the sons, Philip Capon told the court that such rules mean Mr Robson died intestate and his estate should therefore be left to his offspring. The High Court also heard that legislation meant expats, whether dead or alive, are unable to make gifts to political parties.

The party’s representation Robert Grierson argued a deed of variation on the will had been executed, which meant the funds could be paid into a charitable trust initially.

A decision on the case was reserved until a later date.

Expert Opinion

This case, where a failure to consider such issues has meant relatives have been forced to launch time-consuming and costly legal battles in order to gain access to what they deserve, is like so many we are involved in. <br/> <br/>"It is absolutely vital that people always keep wills updated and also discuss their plans with friends and family to ensure they are aware of their wishes. Taking such steps can ensure everyone is on the same page and prevent disputes from emerging in the future. <br/> <br/>"Another key issue highlighted by this case is the need for people to always seek professional advice regarding wills and the legislation around leaving money to a political party. Getting proper support will go a long way towards ensuring that the wishes you outline in a will are always met. <br/> <br/>"We would also urge anyone with concerns over how a loved one’s estate has been divided to seek legal advice to see if they have any options of over challenging the decisions which have been made."