This was a recent headline following the latest judgement in the long running case of Ilott v Mitson.
This is the case involving a daughter, Heather Ilott, who was deliberately left out of her mother’s Will, Melita Jackson who died in 2004.
The relationship between mother and daughter had deteriorated many years earlier when Heather, aged 17 eloped with her then boyfriend who later became her husband.
Mrs Jackson subsequently left all her estate to three animal charities, with which she had very little connection or involvement with.
Heather Ilott originally challenged the Will under the Inheritance (Provisions for Family and Dependents) Act in 2007 and was awarded £50K on the basis she had been ‘unreasonably’ excluded by her mother.
When she applied for a larger share of the £486,000 estate a High Court Judge reversed the decision to award it to her in the first place.
In 2011, the Court of Appeal ruled Mrs Ilott was entitled to a share after all and this latest decision increases the amount she is to receive to one third of the estate because her mother had not left ‘reasonable provision’ for her in the Will.
Commenting on this recent development in the case, John Simister, Head of Civil Litigation at Alsters Kelley LLP said, “The expert’s views are that you can still disinherit your children if you so wish but you will have to explain in detail why and what connects you to those you do leave the estate to.
The one key factor in this case appears to have been that the mother had very little connection with the three animal charities to which she left her estate.”
If you are considering disputing a Will then please contact John Simister on 01926 356024 or email john.simister@alsterskelley.com alternatively, if you would like to discuss or review your current Will then please contact Neil Raiseborough, Head of Private Client on 01926 356042 or email neil.raiseborough@alsterskelley.com
Full details of all our departments and services can be found on our website www.alsterskelley.com
Please call 01926 356041 to speak to one of the team to make an appointment with one of our Private Client lawyers at any of our six offices.