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Writer's pictureSteve Bish

Row breaks out over astronomer's £400,000 fortune after he changed will on death bed


will
  • Roy Panther found national fame in 1980 when he discovered 'Comet Panther'

  • He spotted it from his property on Christmas Day with a homemade telescope

  • He died in 2016 and once planned to give everything to astronomy association

  • Now friend and fellow stargazer Alan Gibbs in court to prove he's the 'best mate'


British stargazers are locked in a bizarre court fight over the £400,000 fortune of a

celebrated astronomer who left everything to his 'best mate' in his will – but didn't say who that was.


Roy Panther found national fame in 1980 when he discovered a comet with a homemade telescope from his suburban semi. The amateur astronomer also featured on long-running BBC Four show The Sky at Night when he was interviewed by Sir Patrick Moore.


Mr Panther, who died in 2016, had planned to leave almost all his worldly goods to the British Astronomical Association (BAA) but a bitter court row has since erupted after the discovery of a new will written on his deathbed.


The handwritten document simply promises everything to 'my best mate' – and now lifelong friend and fellow stargazer Alan Gibbs is fighting in court to prove he is the rightful heir.


However, the case – to be fought next year – is being contested by the BAA, which says simply stating 'my best mate' is not enough to make a valid will and that Mr Panther was too frail and ill at the time of writing it to fully understand what he was doing.


Mr Panther, who was 90 when he died in hospital in October 2016, was an enthusiastic amateur astronomer, who had created an observatory using home-built equipment at his Northamptonshire home.


He made his amazing discovery on Christmas Day in 1980 when he spotted the faint signs of what would become 'Comet Panther'.


He was conducting a 'systematic search' of the night sky when he spotted the new comet in the far north, within the constellation of Draco.


It was his first success after more than 600 hours of searching and he later said in a television interview that it would mean his name would not be 'forgotten to posterity'.

'Mr Gibbs and the deceased were lifelong friends, having known each other for around 77 years,' says his barrister, Chris Bryden, in documents filed at Central London County Court ahead of next year's trial.


'They shared a keen interest in astronomy and together established an observatory. The deceased purchased the premises and Mr Gibbs provided equipment for this observatory.


'It is admitted and averred that the 2016 will does not refer to Mr Gibbs by name but rather to "best mate". However, the compelling inference is that the deceased by this phrase was referring to Mr Gibbs.


'The deceased dictated the terms of the 2016 will to Mr Gibbs. It is therefore natural that he used a colloquial phrase, rather than identifying him by name.

'The ordinary and natural meaning of the phrase "best mate" and the intention of the deceased was clearly to refer to Mr Gibbs.'

But the BAA denies that the 2016 document was duly executed because it did not actually name the beneficiary.

The association is also raising questions over how the document was witnessed, as well as insisting Mr Panther was unable to fully understand what he was doing.


Before the will was written, the BAA says, he had suffered a fall at home and been hospitalised. It claims that medical staff said Mr Panther was also 'finding it difficult to understand' communications.


The BAA says he had dementia and there had been concerns about his welfare as he had been leaving his front door unlocked, allowing people to come and go uninvited.

Although previously an 'articulate' man, he had been described as 'very confused' in hospital, where his only visitor was Mr Gibbs.


'The deceased was extremely vulnerable from August 30, 2016 until he passed away,' said the BAA's barrister Mukhtiar Singh.


'At the time of making the handwritten note, the deceased lacked capacity and did not understand the nature and effect of it.


'The deceased had serious communication difficulties due to his hearing and/or he was unable to make decisions for himself due to his cognitive impairment.'


But Mr Bryden says that is only part of the story, since other medical notes suggest that Mr Panther's condition had improved while in hospital.


He was said to be 'bright and chatty' and talking in sentences days before the will was made and 'bright and communicative' on the day it was written.


'The deceased himself dictated the terms of the 2016 will and was aware of the nature and extent of his property and clearly expressed that he wished for Mr Gibbs to receive the same,' Mr Bryden added.


The battle over the 2016 will is set to be heard during a three-day trial at Central London County Court next year.


It reached court last week for a short planning hearing to deal with the evidence that will be heard.


Judge Alan Johns KC granted an application for medical evidence to be given at the trial by doctors relating to Mr Panther's capacity to make a will at the time he was in hospital.


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