Should you think about changing your will? That is the question many people are now asking themselves, after a major Court of Appeal ruling saw a mother’s will re-written by the court to make financial provision for her estranged daughter.
Daughter’s persistence pays off
The case, which rumbled on for more than 10 years, began when Mrs Melita Jackson died in 2004, leaving an estate worth £486,000. She had fallen out with her daughter, Heather Ilott, 26 years earlier. In her will, Mrs Jackson left her entire estate to four charities, and specifically excluded Mrs Ilott. She also prepared two letters accompanying her will, explaining why she was disinheriting her daughter.
What followed was a series of cases in which Mrs Ilott disputed the will, on the grounds that her late mother had not made reasonable financial provision for her. As a mother of five children, and with little income other than state benefits, she asked the court to overrule her mother’s will, so that she would be able to buy her council house. The final hearing, a second appeal to the Court of Appeal, saw the court rule that Mrs Ilott should receive about one third of the estate, enough to cover the purchase of her council house.
Probate disputes can be avoided
Claims disputing wills or probate are not unusual. Although people are generally free to leave their property to whichever person or organisation they see fit, the law allows certain categories of relatives to dispute a will or the effect of intestacy rules if they believe they have not been sufficiently provided for. While parents can still disinherit a child, this case shows us that the courts may intervene if that child is in difficult financial circumstances, and awarding that child a share of the estate will reduce their dependence on state benefits. If you want to avoid a probate dispute, make sure you’ve discussed it with your solicitor carefully, and that you have prepared documentation which explain how you are connected to the persons or organisations benefitting from your will.
Consider overseas property carefully
Even if you are happy that you’ve already dealt with the above considerations, if you own property outside of the UK, new EU rules might give you cause to speak to your solicitor . These rules allow UK residents who own property in an EU country to apply UK inheritance laws when they die, rather than the local law. If you make an English will, you are considered to be choosing English law. This means that if you own property in a country such as France, where local laws force you to leave your property to your spouse and children, relatives may be able to dispute your will.
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