A woman who was initially left out of her mother’s will has been awarded £164,000 in a landmark case in England.
Heather Illot was removed from her mother’s will at the age of 17 after she eloped, however, when her mother left her over £480,000 estate to three separate animal charities, she took legal action. Following a long, drawn-out legal battle, the Court of Appeal ruled that Mrs Illot should receive a third of the estate because her mother hadn’t left “reasonable provision” for her in the will.
Although the case occurred in an English court, the issue raises the importance of leaving an appropriate will and making your last wishes known.
Legal Battle
Mrs Illot’s mother Melita had refused to leave any inheritance to her daughter and had instead opted to leave her estate to the RSPCA, RSPB and Blue Cross charities. However, she had little to no connection to these charities meaning that it was possible for Heather Illot to challenge the will as Melita’s only child.
As a result of the small connection and the numerous court cases, £164,000 was given to Heather Illott following a lengthy legal battle. In 2007, Mrs Illot won the right to a £50,000 inheritance after a district judge had concluded she had been “unreasonably” excluded by Mrs Jackson. That ruling was reversed before Appeal Court judges ruled she was entitled to a share of the money.
Lady Justice Arden said Mrs Ilott’s mother had been “unreasonable, capricious and harsh” to a daughter who had always lived near poverty and had never been on holiday. She ruled she should receive a greater proportion of the estate. Although many criticised Mrs Illot’s decision to challenge the will, many solicitors stated that she was perfectly in her right to do so and that her challenge was in line with the current law.
The charities that had initially received the inheritance from Melita’s will stated that they were “surprised and disappointed” about the decision, with their solicitors saying that the ruling was a “worrying decision for anyone who values having the freedom to choose who will receive their property when they die”.
Leaving a Charitable Gift in A Will
According to a poll, 35% of people wish to leave a gift to a charity in their will, however, doing so can be more complicated, with only 7% of people actually leaving a gift. Donating property or a gift to a charity can result in a reduction in the amount of inheritance tax or can be used if you have bequeathed most of your items to loved ones. However it is important that your wishes are known to your solicitor and a loved one so that they know what you are leaving behind and what is important to you. Many people try and leave a gift without having their will checked or created by a skilled solicitor, however, with such a complex process, doing so is vital.
Contact Us
If you require the advice of our team of expert solicitors in regards to making or checking a will, contact us today using our online contact form.