A British expat in Spain bequeathed his estate worth £389,000 to the British National Party. Now his two sons are beginning a legal battle in the High Court to reverse the decision.
Joseph Robson moved to Alicante in 1992 and died there in 2010 at the age of 81.
Jeremy and Simon, who received £67.50 each, argue that he was not entitled to give his money to a British political party because he had lost his voting rights five years before his death, making the donation illegal.
The court heard that Mr Robson made his will in 1996, leaving his entire estate to the BNP, except for a Spanish bank account with £135 which was disbursed to his son Jeremy.
The judge was told that the sons claim that Mr Robson failed to register on the UK electoral roll in the five years before his death.
The sons’ barrister argued that rules introduced by the Labour government in 2000 to curb 'foreign donations' to British political parties mean that the expat was not entitled to make the gift, whether dead or alive. Only people whose names are on the UK electoral register are able to donate to political parties in the UK.
This, it was argued, rendered Mr Robson effectively intestate.
The BNP lawyer argued that the problem had been solved in September 2011 with a deed of variation to the will for the money to go into a specially established charitable trust, rather than directly to the BNP.
Expressing his preliminary views on the dispute, Judge Sheldon commented: 'The deed of variation itself would suggest that the BNP were not satisfied that Mr Robson was a permissible donor.
'If the BNP had investigated whether or not Mr Robson was a permitted donor there would be no need for this hearing.'
The judge reserved his decision on the dispute until a later date.
Why Mr Robson opted for the BNP over his two sons is not known.
