Manchester wills solicitors and others around the UK could see an increase in cases involving disinherited children after a woman who was cut out of her mother’s will was awarded £164,000 by the Court of Appeal.
Heather Ilot went to court to appeal against her mother’s will after she left her estate to three animal charities back in 2004, the BBC reports.
The Court of Appeal heard that 54-year-old Mrs Ilot eloped aged 17 with her boyfriend, with her mother never forgiving her and not wanting to leave her any money, with the estate going to the Blue Cross, the RSPB and the RSPCA.
It is thought that this latest ruling could weaken your rights to leave money to people you want to inherit it, with experts now saying that it means people will still be able to disinherit their children but they’ll need to explain why and prove a connection to those you want to leave money to.
Certainly, it will be a cause for concern for those people who want to have the freedom to make their own decisions about who receives their property after they’ve passed.
However, it does not follow that wills will always be torn up if they fail to leave part of the estate to particular relatives. Wills that have been properly drawn up that disinherit someone will likely be enforced unless there is a clear financial need present on the need of the person involved. The courts will look at each case individually and decide whether the provision or lack thereof in a will is reasonable.