In theory it is lawful for people to dis-inherit their children, or is it?
In theory it is lawful for people to dis-inherit their children, or is it?
The case of Ilott V Mitson (2015) may change the legal landscape entirely.
The basic facts were that Mrs Ilott, after a long estrangement with her daughter, cut her out of her Will in favour of charities.
The Court of Appeal found that the deceased’s conduct towards her daughter morally lacking and used its powers under the Inheritance Act to give the daughter a considerable sum of money.
Although on the face of it, the Court of Appeal’s case may have overturned the longstanding principle of testamentary freedom, there are certain matters that can affect the outcome of a challenge to a Will.
Please contact Hine Downing Private Client Team for further advice.