Lawyer pours cold water on cat that got the cream

A leading Lincoln's Inn law firm specialising in chancery has cast doubt on the wisdom of allowing the late Margaret Layne to leave her house and up to £100,000 to Tinker, her favourite cat.

A leading Lincoln's Inn law firm specialising in chancery has cast doubt on the wisdom of allowing the late Margaret Layne to leave her house and up to £100,000 to Tinker, her favourite cat.

This week, after Mrs Layne's will was published, Tinker was immortalised in headlines describing him as the ultimate fat-cat. But when he does achieve immortality, his designated carers, Ann and Eugene Wheatley, could miss out on a fortune, because they are due to inherit the house and any remaining money when Tinker goes to the great cattery in the sky.

Apart from a series of bequests and legacies to friends and distant family, including £25,000 to Mrs Wheatley, the bulk of the estate is being left to Tinker. This consists of a three-bedroom detached house in Harrow, north London, worth an estimated £350,000, together with money to maintain the house and feed Tinker.

Wynne Thomas of the 23-partner solicitors, Dawsons, said: "If Mrs Layne had any dependent relatives, the court would throw out this will as unreasonable."

But Richard Hornby, an executor of Mrs Layne's estate and a partner in the Harrow legal firm of Lynch Hall and Hornby, stood by his advice. He said: "It's always a problem with pets. People do want their pet looked after, and an animal cannot be the object of a trust, so it has to be done indirectly. Mrs Layne discussed her wishes with Mr and Mrs Wheatley, and they were happy to take care of Tinker."

Mrs Layne, the widow of a surveyor, Thomas Layne, died aged 89 in January last year without any children. Mr Wheatley, 75 and a retired engineer, said: "My wife and I have really been looking after Tinker since long before Mrs Layne died. She had been unwell for a long time and went into a nursing home for the last 18 months of her life."

Mrs Layne's will states that if Tinker leaves the home the "trustees shall at their discretion be entitled to bring the trust to an end". This will apply if Tinker goes missing for a "reasonable" time.

Mr Thomas pointed out a possible flaw in this arrangement, in that Mrs and Mrs Wheatley have a clear incentive to "lose" Tinker, and the sooner the better before the money runs out. They deny any such intent. "I would never put him down," said Mr Wheatley. "I'm a cat lover and I couldn't do it."

Under English law, the duty of caring for an animal under the terms of a will must end after 21 years. As Tinker is already eight years old, this should be more than enough time, particularly as Mr and Mrs Wheatley are retired.