John Fawcett has joined the firm as Partner
Facts
A landmark legal ruling has been handed down by the Court of Appeal, overturning a mother’s Will and awarding her estranged daughter a share of the estate. There are concerns that the ruling undermines the right of people to leave their assets to whoever they wish.
Mrs Jackson died in 2004, leaving her entire estate of £486,000 to animal charities. Heather Ilott, her estranged daughter, was excluded from the Will and has been awarded £164,000.
After an eight year legal battle, the Court of Appeal has ruled that Mrs Ilott should receive a third of the estate on the grounds that she was not left a ‘reasonable financial provision’. The Court heard that Mrs IIott 54, had eloped at the age of 17 with her boyfriend and her mother had never forgiven her. As a result, her mother did not want her to receive a penny of her estate.
Judges said their decision was influenced by the fact Mrs Jackson had little association with the charities who would benefit from her legacy.
Our Advice
This case has raised concerns with the public and practitioners alike as to whether individuals continue to have the freedom to choose who they wish to benefit from their Will.
As with all landmark rulings, the ongoing effects of this case will not be confirmed until it begins to be applied. However, the ruling underlines the importance of receiving up to date professional advice when drafting a Will.
If you have any queries as to how this ruling may affect your Will, or are contemplating drafting a Will and require specialist advice, please do not hesitate to contact Gabrielle Dell or Benedict Smith on 01932 852057, or via email gabrielledell@meadowsryan.com and bensmith@meadowsryan.com.
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