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
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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