Last year a lengthy court case saw a woman successfully challenge her mother’s will which had left her with nothing. The Court decided this was unfair and awarded her £164,000 instead. The case of Ilott v Mitson continues and will be heard on appeal by the Supreme Court in December 2016.
Mrs Ilott made the will challenge after her mother left all of her Estate to charity. Mrs Ilott and her family were living on welfare benefits and in rented accommodation. Her mother did not approve of Mrs Ilott’s choice of boyfriend when she was young and the two became estranged. Mrs Ilott did however try to contact her mother over the years to rebuild their relationship. Mrs Ilott’s mother gave this as the only reason for cutting her only child out of her Will.
The Court agreed it was unreasonable for Mrs Ilott to be cut out of the Will and receive nothing from her mother’s Estate given Mrs Ilott’s own financial circumstances. The case is an important ruling for people challenging a Will under the Inheritance (Provision for Family & Dependants) Act 1975.
The charities whom had been left the Estate are appealing the decision and the Supreme Court will hear the case in December 2016.