The Right-wing party was the sole beneficiary of Joseph Robson’s estate, after he died in Alicante, Spain, aged 81 in March 2010.
The expat gifted his entire estate outside of Spain to the BNP, leaving just £135 to one son – and nothing for the other.
Brothers Jeremy and Simon claim their father was barred from giving money to a British political party as he was not registered to vote in the UK in the five years before his death. Judge Richard Sheldon QC heard that Mr Robson, born in Ashington, Northumberland, lived in Lutterworth, Leics, after divorcing his sons’ mother in the 1970s. He moved to Spain in 1992.
Barrister Alex Troup, representing the unnamed and neutral executor, said the sons claim Mr Robson was not on the UK electoral roll.
Under rules introduced by Labour in 2000 to curb “foreign donations” to political parties, this meant he was not entitled to make the gift to the BNP – dead or alive.