intestacy rules make reasonable financial
provision for the Applicant, and if not, what
provision ought to be made.
These factors include:
• The financial resources and needs of the
applicant, and other beneficiaries
• The obligations and responsibilities of
the deceased towards the applicant and
other beneficiaries
• The size of the estate
• Any physical or mental disabilities.
All cases will turn on their facts and a court
will consider the particular circumstances
in detail when coming to its decision.
In this case, the court considered Mrs
Ilott’s straightened financial circumstances,
having no pension and limited earning
capacity, and her dependency on state
benefits. They weighed up the various
factor under the 1975 Act, including the
size of the Estate and Mrs Jackson’s
unreasonable conduct towards her
daughter. Further, Mrs Jackson had no link
to the charities and there was no rational
purpose for her bequests. These all led
to the Court deciding that reasonable
financial provision had not been made for
Mrs Ilott from Mrs Jackson’s Will.
Once a court has decided that a Will or
intestacy rules has not made reasonable
financial provision for the applicant, it
will then need to consider what provision
would be reasonable in the circumstances.
A court will therefore consider the factors
set out in the 1975 Act to determine what
would be a reasonable award. It is a
balancing exercise between the needs of
the other beneficiaries, and the applicant.
It can be difficult to predict what a court
will decide, as much depends on the
circumstances of a particular case and the
judge’s views. An adult child who has lived
independently will need to prove their case
and that they have particular needs or the
circumstances are such that it would be
reasonable to make financial provision
for them.
solicitor about your wishes and set them
out carefully and truthfully.
You might want to challenge your parent’s
Will if you were not left anything. In this
case you need to consider why you
weren’t given an inheritance, as well as
your circumstances and those of the other
beneficiaries to the estate. Take legal
advice as to whether you might be able to
make a successful claim. It can be a costly
and stressful exercise to challenge a Will,
particularly if you lose and the court does
not think provision should be made for you,
and so you need to consider your position
carefully.
In this case, the court considered Mrs
Ilott’s limited financial circumstances
and reliance on state benefits. Given
that a child can only make a claim for
maintenance, the court considered how to
make reasonable provision for her without
ending her state benefits. They decided
that a lump sum to enable her to buy her
house, which would mean she did not
have to pay for rent, would be suitable as
well as a small yearly income.
Lastly, this case highlights the difficulties
that charities face when they are left
legacies in a Will. Legacies make up a
huge part of most charities’ income, and
so are very valuable. However charities
can find themselves in a difficult position
when the legacies are challenged by family
members, and decisions have to be made
as to whether to fight any challenge and
the likely costs.
If you are thinking of leaving your entire
estate to the cat’s home or other charity, or
leaving out an estranged child from your
Will, you need to think carefully about your
children’s financial circumstances, your
reasons and whether they could challenge
your Will after you have gone. A challenge
will mean additional costs to the estate
before the legacies are paid. Talk to your
In any situation, it is important to get good
legal advice so that you can consider your
options and how you want to proceed. Our
Contentious Probate team can advise you
on any claim you might have against an
estate and how you can challenge a Will,
as well as what you can do if you are an
executor and the Will is being disputed.
By Miranda Jenkins
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