Ruling on Wills strengthens disinheritance position

Will

A supreme court decision has strengthened the legal position of Wills which disinherit people.

Heather Ilott was estranged from her mother Melita Jackson, who made no provision for her daughter in her Will and left a £500,000 estate to three animal charities.

Ms Ilott made a request under the Inheritance (Provision for Families and Dependents) Act 1975, which allowed her to apply for “reasonable financial provision” from the state. A county court awarded Ms Ilott £50,000, saying her mother had been “unreasonable, capricious and harsh”.

On appeal that was increased to £143,000 – enough for Ms Ilott to buy the home she rented from a housing association – plus costs of purchase and further payments.

Following an appeal by the three charities affected this new supreme court decision overturns the enhanced amount, meaning that £50,000 now goes to Ms Ilott and the rest to the charities.

According to the Financial Times, the case “will help to define the rules on claims of grown-up children”.

The paper notes that courts are now “likely to uphold the wishes made in the Wills of the deceased, even if they leave little or nothing to their relatives”.

Financial planning expert Rachael Griffin told Money Marketing: “This highlighted that Wills can be contested and decisions are not set in stone.”

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