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RSPCA wins inheritance tax legacy battle


Probate & Estate Administration 22 Dec 2010

The RSPCA has won a legal battle over a will The Royal Society for the Prevention of Cruelty to Animals (RSPCA) has won a court challenge to secure around two-thirds of a legacy worth almost £1 million.

An appeal was filed by the charity over the sum left by George Mason, who stipulated in his will his friends and family should receive £300,000, CivilSociety.co.uk reports.

Under inheritance tax legislation, this was the maximum that could be left at the time of the endowment without the levy having to be paid.

However, Mr Mason's brother and two of his friends insisted he wished them to receive more and initially won a High Court judgment on the case.

The Court of Appeal has now ruled unanimously in favour of the RSPCA, after the organisation insisted it was entitled to the remaining £651,820 of the estate.

"We believe it is clear that he wanted to benefit his friends, his brother and the charity and avoid anyone paying inheritance tax," said Paul Hewitt of Withers LLP, representing the RSPCA.

In related news, a recent report in the Telegraph highlighted the importance of making a will, with two brothers fighting in court over their share of a £500,000 estate.

Published by Phil HammondADNFCR-3248-ID-800306958-ADNFCR

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