Nockolds Resources

New hope for dis-inherited adult children?

Last Thursday 31 March 2011, was a good day for one Mrs Ilott, and gave a glimmer of hope to many other adult children who have been disinherited by their parents.

Up until then, the generally accepted position was that a person remains at liberty at their death to dispose of their own property in whatever way they please, and in the case of an adult child who is able to earn their own living and suffers from no disability that affects their financial independence, that child has no legal claim to alter their parents’ wishes after their passing.

Melita Jackson died in 2004 at the age of 70, but in her Will she left all of her residuary estate to animal charities, and not her daughter, Heather Ilott. She had her own reasons and sensibly recorded these in a side letter to be read in conjunction with her Will, so as to try to avoid any future dispute after her death.

Mrs Ilott contested the Will, and on Thursday the Court of Appeal released its Judgment. Mrs Ilott’s claim was brought under the Inheritance (Provision for Family and Dependants) Act 1975, and she argued that the Will did not leave her reasonable provision. Mrs Ilott had become estranged from her mother for over 25 years following disapproval of her choice of boyfriend (now husband).

The animals charities had vigorously defended the appeal on the basis that the law should be interpreted as it has been for many years and that because Mrs Ilott had not been financially dependent on her mother, and did not suffer from a disability that impacted on her income, the wishes expressed in the Will of her late mother should not be interfered with.

The Court of Appeal upheld the original decision of the District Judge, in that it was reasonable for Mrs Ilott to be paid an inheritance from her mother’s Estate, even though they had become estranged and the Will had left her nothing.

It follows that this decision by the Court of Appeal could mark a change in direction for the law, opening up the potential for more claims from disaffected adult children. Whether the "flood gates" have been opened, remains to be seen. These particular cases often depend on the individual facts and circumstances, so its application in the future may not be as wide as some commentators may believe. However, this case may lead to an interesting period of development in this area of law. On one hand, it gives hopes to potential litigants that they may have a claim, and on the other hand it will give cause for concern to people who are considering writing out family members from their Will. In either case, Nockolds LLP can advise you on potential claims and how best to minimise the risks of potential claims against your Estate in the future.

Daniel Winter (profile) Daniel Winter Thursday 7th April 2011
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