Re: Autumn 2015 | Page 52

a Will Challenging The recent case of Ilott V Mitson and others [2015] EWCA Civ 797 has upheld the challenge by a disinherited daughter to seek financial provision from the estate of her estranged mother, but increased the award given to the daughter. This case has helped clarify the law in contentious probate and drawn the public’s attention to the risks of legal challenges if someone leaves a family member out of their Will. It is generally accepted that people can leave their money to whomever they want. This means they can leave out some people and favour others. However there has always been a route to challenge the provisions of a Will 50 The daughter, Heather Ilott, was estranged from her mother Mrs Jackson for 26 years after she left home at 17 to live with Mr Ilott. Mrs Jackson did not approve and despite several reconciliation attempts, the two remained estranged until Mrs Jackson’s death in 2004. Mrs Jackson left a Will, but cut out her daughter completely, leaving all her Estate to three charities – The Blue Cross, RSPB and RSPCA (the charities), whom she had no links with. Mrs Ilott challenged the Will, claiming that her mother ought to have made some financial provision for her. The charities opposed her claim, arguing that Mrs Jackson ought to be able to leave her estate to whomever she wishes. financial provision from her mother. They remitted the question of how much she should have back down to the High Court. The case is a long running matter, starting in the County Court in 2007 and ending up in the Court of Appeal for the second time in July 2015. In the first hearing, DJ Million decided that, after considering all the circumstances, Mrs Jackson ought to have made reasonable financial provision for her daughter, and he awarded her a lump sum of £50,000, which would provide an income of £4,000 per year from the estate. It is generally accepted that people can leave their money to whomever they want. This means they can leave out some people and favour others. However there has always been a route to challenge the provisions of a Will, via the Inheritance (Provision for Family and Dependants) Act 1975 (‘the 1975 Act’). Spouses, civil partners, children and dependants are able to challenge a Will or intestacy rules if they were not given reasonable financial provision out of the estate of the deceased. Children, such as Mrs Ilott, can claim for maintenance only. An appeal from Mrs Ilott to increase that amount, and a cross-appeal from the charities, went to the High Court. They found in the charities’ favour and dismissed the claim. Mrs Ilott appealed to the Court of Appeal. They overturned the decision of the High Court and found that Mrs Ilott should have received some The High Court considered the matter and found that DJ Million’s had made a reasonable award of £50,000 and they upheld this amount. Mrs Illot appealed against this decision and the matter was recently heard in the Court of Appeal on 27 July 2015. The court considered the relevant law and increased the amount awarded to Mrs Ilott to £143,000, which would enable her to purchase her home from the Housing Association, and an option of up to £20,000 lump sum which would produce a small yearly income. The 1975 Act sets out factors which a court must consider (and therefore so must any party considering such a challenge) when deciding whether the Will or