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Mother’s decision to write daughter out of her will is overturned

The Court of Appeal has ruled that a daughter, who had been written out of her mother’s will, is to receive around £164,000.

last will and testament

Mother and daughter estranged

Melita Jackson died in 2004, aged 70, leaving the vast majority of her estate of just under £500,000 to charities. She left nothing to her only daughter, Heather Illot, who, in 1978, at the age of 17, left home with her boyfriend without her mother’s approval. The pair had not spoken for many years. Heather has 5 children and lives off state benefits.

Daughter battles to get a share of the estate

In what has been a somewhat of a yoyo case, Mrs Illot has been fighting for 10 years to have the will overruled. She was initially awarded £50,000 in 2007 but that decision was later reversed. In 2011 the Court of Appeal decided that she was in fact entitled to a share of the inheritance, but she lost her battle to get more than the original £50,000. She appealed again and has recently been awarded the sum of £164,000, which is made up of around £144,000 to enable her to purchase the house she rents from a community housing association, plus £20,000 for other ‘additional income”. The award was made in this way so as not to affect Mrs Illot’s benefits.

A note in the will explains the decision to disinherit the daughter

It was well known that Mrs Jackson had no connection with the charities to which she left the money, but she left a note in her will explaining her decision not to leave any of her estate to her daughter.

Will you be able to leave your estate to whomever you wish in the future?

David Coffey wills and probate

David Coffey, head of wills and probate.

David Coffey, head of Graysons’ wills and probate department, says “This is a difficult decision to reconcile with previous cases and it is unclear whether it will be followed. I feel that the ruling may yet be appealed. It flies in the face of the accepted position that there is no requirement to benefit adult children in your will who are not dependent on you. If the ruling stands, it may set a precedent for future cases, weakening your right to leave your estate to whomever you wish, and will undoubtedly increase litigation. It appears that the explanation note in this case has been one of the factors that led to the decision that Mrs Illot was cut out of the will ‘unreasonably’. Unless the situation changes, the feeling at the moment is that any such note should clearly identify why children are cut out of the will, with an explanation of the relationship with the people/organisations to whom the estate is left.”

We will watch what happens next with this case and report further.

For first class advice on how to write your will to help ensure that your money and possessions go where you want them to, contact David on 0114 358 9009 or email david.coffey@graysons.co.uk

For further information about wills please visit our webpages on wills and probate.

 

 

 

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