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Court decision will boost challenges to Wills- 10/05/2011
An Appeal Court decision is expected to give a further boost to the already increasing numbers of people prepared to challenge a relative’s will in court, in the hope of improving their inheritance, according to a leading Midlands’ contentious probate lawyer.
Guy Birkett, Partner and Head of Litigation at West Midlands law firm FBC Manby Bowdler LLP, says that an Appeal Court decision that an estranged daughter can claim £50,000 from her mother’s will, which originally left all her money to animal charities, could open the flood gates to legal challenges from aggrieved relatives who have been left out of someone's will.
“Over the last 10 years, the number of probate disputes brought before courts has steadily increased. This is down to increasing house prices boosting the value of estates, so that the average person with a mortgage free house can now leave a will distributing several hundred thousand pounds or more,” says Mr Birkett, who is based in FBC Manby Bowdler’s Wolverhampton office.
“The amounts of money on offer and the recent tougher economic conditions mean many more people are prepared to challenge their relatives’ wills.”
When Melita Jackson made a will in 2002, leaving the whole of her estate to three charities, the Blue Cross, the Royal Society for the Protection of Birds, and the Royal Society for the Prevention of Cruelty to Animals, she wrote to her daughter Heather Illot, explaining that she was leaving her nothing, because she had eloped at the age of 17 and there had been little contact since.
When Mrs Jackson died in 2004, Heather was aged 50 with five children, two of whom were still under 18. She had no earning capacity or prospects and no pension arrangements, and she applied to the Court for a payout from the estate under the Inheritance (Provision for Family and Dependants) Act 1975.
This act allows certain people, for example widows, widowers and children, in certain circumstances to apply to the Courts for an order for “reasonable financial provision” if they can show that they do not have adequate provision through the will of the person who has died, or, if the person left no will, through the intestacy rules.
It has long been assumed that an adult child applying under the Inheritance Act would have to show some kind of dependency, disability, or other special circumstances if they were to succeed in their claim, but when the case went to the County Court, the judge awarded £50,000 to Mrs Ilott from the estate.
The charities named in the will appealed to the High Court, which over-ruled that decision. As a result, Heather Ilott appealed to the Court of Appeal which backed the County Court decision and gave Mrs Ilott leave to apply to the court for a larger sum.
Mr Birkett says: “It is a common misconception that you can leave your estate to whomever you wish. While it is correct that there are no restrictions on whom you bequeath your estate, there may be people within your immediate family or even outside of your family who are entitled to bring a claim against your estate if any will that you make fails to either provide for them at all or provide for them adequately.
“This is particularly the case if you fail to make reasonable and adequate provision for your spouse, anyone with whom you have been living as man and wife for a period of two years prior to your death and anyone who at the time of your death you have been either supporting financially or maintaining financially. The Illott case appears to widen this group of people.
“Failing to consider these issues when you make your will, can leave your relatives having to deal with disputes which, given their family connection, are often as upsetting as they are expensive. It is therefore important to take legal advice and carefully think through the provisions in your will.”
FBC Manby Bowdler is one of the largest law firms in the West Midlands. It specialises in wills and trust law, dispute resolution and mediation advise on many probate disputes. The firm also advises on preparing wills, estate and inheritance tax planning, trusts, obtaining probate and administration of estates. Further information can be obtained by contacting FBC Manby Bowdler on tel. 01902 578000 or via the firm’s website - www.fbcmb.co.uk
With 33 partners, FBC Manby Bowdler is one of the largest law firms in the West Midlands. The firm has offices in Wolverhampton, Willenhall, Telford, Shrewsbury and Bridgnorth.