The Supreme Court Ruling today will help to Clarify the Grounds for Inheritance Challenges of Adult Children

The Supreme Court ruling, expected today, in the case brought by Heather Ilott following her exclusion from her mother Melita Jackson’s will should assist in clarifying the law relating to the grounds on which family members who are excluded from an inheritance can overturn a will. 

Mrs. Jackson fell out with her daughter Heather when she left home as a teenager to live with her boyfriend. At the time of Mrs. Jackson’s death there had been no reconciliation and Mrs. Jackson left her estate to a number of charities, including Blue Cross, the Royal Society for Protection of Birds and the Royal Society for the Prevention of Cruelty to Animals. Heather Ilott, who is in her fifties and has five children, furthermore is living on benefits and has no pension, contended that she should have been included in the will. Ms.Ilott embarked on a legal challenge to overturn the will and the initial award by the High Court was in the sum of £50,000. Both Ms. Ilott and the charities appealed, Ms. Ilott on the basis that it was too little and the charities on the basis that it was too much. The award was varied on appeal and Ms. Ilott was awarded £143,000 to buy her rented home with a further £20,000. The charities presented another challenge and the case continues today in the Supreme Court.

The vast majority of charities will put up a considerable fight to retain any bequests made to them which inevitably results in substantial legal costs for both sides. In the case of Dr. Christine Gill’s successful battle with the RSPCA when, after she gave up her job as a lecturer to care for her parents and run their farm, she found that she had been completely excluded from her mother’s will Dr. Gill was able to access funding through an insurance policy. There have been questions asked of charities as to whether they should refrain from fighting such cases to the bitter end and come to an agreement with the dissatisfied family member thereby avoiding the lengthy proceedings and the significant legal costs that accompany the challenge.

The Supreme Court’s decision, when it eventually is given, will provide welcome clarity to the Inheritance Act 1975 and shine a light to all parties as to what is or is not an acceptable ground in the case of adult children who have been excluded from a will.

In theory the laws of succession in Italy should make it less lightly for a dispute to arise and far easier to unravel such a dispute should one occur.