Challenges to Wills (Ilott & Mitson)
This case received media frenzy last year speculating whether the floodgates would be opened. Is it now much easier for disappointed family members to contest Wills that do not make provision for them? Was this a storm in a tea cup? Has anything really changed?
Now that the dust has settled we are able to give a clearer analysis of the case the facts of which were most definitely case specific. These resulted in a substantial financial award to Mrs Ilott, who was the only child of extremely limited means in receipt of state benefits and whose mother had no connection with any of the Charities named as beneficiaries under her Will. All of these factors strongly influenced the Court’s assessment that the Will did not make reasonable provision for Mrs Ilott.
Over the last 40 years people making Wills have been required to carefully consider provision made for family and dependants. This case does not mean all adult children kept out of Wills will be able to successfully pursue claims for financial provision. If adult children are to be left out of a Will certain steps are advised to minimise the risk of a successful claim against the estate.
Having a Will drawn up by a solicitor, rather than using a Will kit or making a Will over the internet, can help rule out claims that you did not understand the Will you were making and also defend claims that you were pressurised into leaving out certain people. At RMP our experienced team will take steps to ensure that your Will is prepared in a professional manner and reduces the likelihood of disappointed parties successfully challenging the validity of your Will or the provisions it makes.
RMP will advise you on the current law and the most appropriate Will to meet your circumstances. This may include having a statement which sets out the reasons why you benefit certain people and not others. This statement can prove invaluable in providing evidence should anyone seek to make a financial claim after your death. It may include certain specific wording being attached to a legacy or gift in your Will. Alternatively, a Discretionary Trust Will may be considered a better option than a prescriptive Will, thereby making it possible to consider provision for a family member at a future time dependant on both what you have to leave on your death and their own personal and financial circumstances.
Please do not hesitate to give one of our friendly team a call to discuss your options and give you the best advice for your particular circumstances.
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