Animal charities win £350k Harpenden house 'deathbed gift' court battle

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Court of Appeal at the Royal Courts of Justice
Image caption,

The Court of Appeal, which sits in the Royal Courts of Justice, heard Ms Fairbrother was an animal lover

Animal charities have won an appeal to inherit a property worth £350,000 despite claims it had been a "deathbed gift" to the homeowner's nephew.

Kenneth King, 60, said his aunt handed him the deeds to her house in Harpenden, Hertfordshire, in 2011, saying: "This will be yours when I go."

But lawyers argued Mr King's story was "too convenient by half".

Judges have now ruled in favour of Chiltern Dog Rescue and Redwings Horse Sanctuary, the main beneficiaries.

Last year, the High Court heard June Fairbrother had left her Kingcroft Road property to seven animal charities when she made a will in 1998.

In 2010 she had signed documents, but not a proper will, which left the house to her nephew in the hope he would care for her pets when she died.

But following Ms Fairbrother's death in April 2011, Mr King - who has twice been made bankrupt - did not follow her wishes and sent her dogs Tinker, Bonnie and Patch to an animal home.

Court battle

At the High Court, lawyers for Mr King invoked an ancient legal principle that his aunt had given him her home "in contemplation of her death".

But Court of Appeal judges have now disagreed, saying it had not been established that Ms Fairbrother had effected a "deathbed gift" and ruling in favour of the two charities which appealed against the High Court decision.

Lord Justice Patten said Ms Fairbrother's words "This will be yours when I go" did not mean she was giving her nephew the property there and then, or had any intention to.

The three appeal judges backed the High Court's finding that if he was wrong about the gift, Mr King should receive £75,000 from his aunt's estate.

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