What the Ilott Case Teaches Us About Making a Will

The Supreme Court decision in Ilott v The Blue Cross remains one of the most important inheritance cases in recent years. While the case concerned a claim brought after a person's death, it also provides valuable lessons for anyone preparing a will.

The Importance of Clear Estate Planning

In Ilott, the deceased chose to leave her estate to a number of charities and excluded her only daughter, with whom she had been estranged for many years. Following her death, the daughter brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975, arguing that the Will did not make reasonable financial provision for her.

Although the Supreme Court ultimately limited the award made to the daughter, the case demonstrates that a Will can still be challenged even where the deceased's wishes appear clear.

Freedom to Leave Your Estate as You Choose

One of the key principles confirmed by the Supreme Court was testamentary freedom. In England and Wales, individuals are generally free to decide who should benefit from their estate.

This means that you can:

• Leave your estate to family members, friends, charities, or a combination of beneficiaries.
• Exclude certain individuals from inheriting.
• Make specific gifts to people or organisations that are important to you.

However, testamentary freedom is not absolute. Certain categories of people, including spouses, civil partners, children, and dependants, may be entitled to bring a claim if they believe reasonable financial provision has not been made for them.

Why Professional Advice Matters

The Ilott case highlights the importance of obtaining legal advice when preparing a Will, particularly where:

• You intend to exclude a close family member.
• Family relationships are strained or complex.
• There are concerns that your Will may be challenged in the future.
• You wish to leave a significant part of your estate to charity.

A carefully drafted Will can help ensure that your wishes are clearly expressed and properly documented.

Recording Your Reasons

Where a person chooses to exclude a family member, it is often sensible to prepare a separate letter explaining the reasons for that decision.

While such a letter is not legally binding, it can provide valuable evidence of your intentions and may assist if your estate is later challenged.

Keeping Your Will Under Review

A Will should not be viewed as a document that is prepared once and forgotten. Changes in family circumstances, finances, relationships, or the law may affect whether your will continues to reflect your wishes.

Regular reviews can help ensure that your estate plan remains effective and up to date.

Planning for Peace of Mind

The lesson from the Ilott case is not that Wills are easily overturned. Rather, it demonstrates the value of thoughtful estate planning and professional advice.

By preparing a carefully drafted Will and reviewing it regularly, you can maximise the likelihood that your wishes will be respected and reduce the risk of disputes arising after your death.

How We Can Help

Our Private Client team provides expert advice on wills, estate planning, trusts, powers of attorney, and succession planning. We work closely with clients to ensure that their wishes are clearly documented and that their affairs are structured in the most effective way possible.

If you would like advice on making or updating your will, please contact our team to arrange an appointment.