It seems that a month cannot go by without a high profile case involving Wills appearing in the press.
The Inheritance (Provision for Family and Dependants) Act 1975 enables a child who has been omitted from the Will of their parent to make a claim against their deceased parent's Estate if that parent has not made 'reasonable provision' for the child in the Will. It is fair to say that such claims are rare and expensive but a recent case has highlighted once again the importance of making the reasons for any decisions which you make clear at the time you make your Will.
Melita Jackson died in 2004. She did not want her daughter, Heather Ilott, to benefit from her Estate because mother and daughter had become estranged when Heather was just 17, Heather having eloped with her future husband. Melita never forgave her daughter for this act and did not want her daughter to benefit from her Estate. Accordingly, she divided her Estate between the RSPCA, RSPB and Blue Cross charities.
Heather later married her partner and had five children. Heather wanted to use her inheritance to purchase her Housing Association home.
The legal case has been ongoing for a considerable time. Heather was initially awarded £50,000 by the first Court but this award was later reversed by the High Court when she returned to ask for a higher sum.
The Court of Appeal held in 2015 that Heather should receive one-third of her mother's Estate totalling £164,000.
Melita Jackson had left a letter with her Will explaining why she did not wish her only daughter to benefit from her Estate.
Much has been written about the result of the case and many commentators feel that the ruling could significantly affect a person's right to leave money to whomever they choose. The three charities who lost one-third of the Estate as a result of the case said that they were 'surprised and disappointed' by the judgment and the solicitor representing them said that it was a 'worrying decision for anyone who values having the freedom to choose who will receive their property when they die'.
Any solicitor who drafts a Will should always remind their client that there is no guarantee that a family member will not challenge a Will, particularly if they are a child who has been disinherited. However, this case highlights the importance of ensuring first that you obtain legal advice regarding the content and drafting of your Will, but second, that you consider carefully any letter of wishes which you place with your Will to explain the reasons for the content of your Will.
To discuss this or other issues relating to your Will, contact us.