The Court of Appeal has ruled that a mother’s will be varied so as to leave her estranged daughter £164,000, representing 1/3 of the estate.
In her will the mother, Mrs Jackson, left her estate to charity, expressly cutting out her daughter Heather Ilott after Heather eloped aged 17.
Heather challenged the will under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). The claim was based on the fact that there was an obligation for the mother to make reasonable provision for her daughter. Heather will now be able to buy her Housing Association home.
Testamentary freedom has been a long held tenet of English law. So, can you leave your estate to whomever you want to without fear of it being challenged?
We would say generally, yes. The Ilott case has shocked a number of experts. However we would suggest that there are a number of factors which may explain why the decision was made.
For instance Mrs Jackson left her estate to charity. The judge ruled that the mother had been “unreasonable, capricious and harsh”. We would query whether the judgement would have been the same if Mrs Jackson had left the estate to other children, had she had any.
The estate was quite large (£486,000). Heather has 5 children and was not well off. The claim would not have succeeded had Mrs Ilott herself been comfortably off.
Therefore, it could be said that a wealthier Testator may have a duty to see a less well-off child or a child in particular need, right financially. It will however, in our opinion, differ from case to case. For example – should a millionaire parent leave their child potentially destitute and perhaps dependent on State Benefits?
It remains vital that people take legal advice to make their Wills and certainly if there may be a claim against the estate. Whilst we would never say never, most wills, if reasonably made, will be upheld by the Courts.
For more information on making your will (£125 plus vat for most single wills and £175 plus vat for most mirror wills) or for advice on bringing or defending a 1975 Act claim, please contact our Wills & Probate team on 0113 284 5000.
