Smith Sutcliffe Solicitors

Will ruling opens way for family claims

Family members who are snubbed in a relative’s will in favour of charities could find it easier to lay claim to the estate following a recent judgment.
 

The Court of Appeal ruled recently that Heather Ilott could request a larger share of her mother Melita Jackson’s will, despite her mother having left clear instructions with her will as to the reasons why she did not wish her daughter to benefit.

Jackson had asked for her estate to be shared between charities, including the Blue Cross, RSPCA and RSPB, but judges ruled it was ‘unreasonable’ of her to put third-sector bodies before her own daughter.

Our Private Client Team are looking at the details of the case and will also be looking for details of a possible appeal, both by the Charities involved and by the daughter, who it is believed is now seeking a larger share of the monies.

This case could lead to a significant increase in claims made by family members for financial provision from a deceased’s estate, even if they have not been named in the original document.

If you are thinking of making a new will, consult a member of our Private Client Team for up to date advice to ensure that your exact wishes will be carried out.

12th May 2011, 9:52
 
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