Your freedom to write your Will as you see fit is under threat
Disinheriting your children is something that not many people consider when writing their last Will and Testament. There are many good reasons, though, why some parents act in this way. Some people do not agree with inherited wealth, and give all of their estate to charity. Some parents and their children haven’t spoken to each other in decades. In that situation, why would a parent want to leave a large bequest to a son or daughter who hasn’t taken an interest in them? But earlier this week in the Court of Appeal, the freedom to dispose of your wealth in any way you see fit after you have died was thrown into question.
In 2002, Melita Jackson made her final Will and included a letter to explain why she had disinherited her only daughter, referring to the fact that she had walked out of her home in 1978 to live with her boyfriend. Two years later, she died. In 2007, Heather Ilott, her daughter, challenged the Will under the Inheritance (Provision for Family and Dependants) Act and was awarded £50,000 on the basis she had been “unreasonably” excluded by her mother. But when she applied for a larger share of the money, a High Court judge reversed the decision to award it to her in the first place. In 2011, the Court of Appeal ruled that Mrs Ilott was entitled to a share of the money after all, but in 2014, the High Court decided that she shouldn’t get a larger share. That decision was reversed this week by the Court of Appeal who awarded her £164,000.
This is a very worrying development, and The Law Society of England and Wales should now issue guidelines so that those making their Wills today can be sure their wishes are going to be adhered to when they die. Otherwise, what it is the point of making a Will, if it can be easily be changed by a relative who thinks they have been wronged?
Source: http://www.tfa.net/your-freedom-to-write-your-will-as-you-see-fit-is-under-threat/
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