Ilott v Mitson STILL! Don’t let a family feud ruin your legacy

By now this is probably the most famous inheritance claim in history!  Followed closely in the UK press, it is a valuable lesson for anyone considering leaving their inheritance in a non-conventional way.  If you are thinking of disinheriting anyone who is dependent on you, there may be repercussions for your intended recipients.  And huge legal bills……   Time to address those family feuds.

Mrs Ilott filed her original claim against her estranged mother’s estate in 2004.  The final appeal available to her will take place in the Supreme Court this week 12th December 2016.

Mrs Ilott claimed ‘reasonable provision’ had not been made in her mother, Melita Jackson, will.  Currently the courts have ruled in favour of Mrs Ilott awarding her a sufficient sum to buy her house but not affect her means tested benefits.  However, the original beneficiaries of the will were charities who have fought hard to retain the legacy left to them.  The Court viewed this as unworthy on the basis the testator had little to no connection with the charities which should have benefited.

Mrs Jackson left a provisional letter of wishes, detailing why her daughter would receive nothing in her will.  Any attempts to disinherit a dependent can be detailed this way, but they are just wishes.  They are not legally binding and the Courts may rule that a dependent has a right to make a claim and award a financial settlement.

To be continued…