Children
who are ‘cut out’ of their parents’ wills could find it easier to claim part of
their estate after a landmark legal ruling, a Shropshire lawyer has said.
Andrew
Oranjuik claimed this week’s ruling by the Court of Appeal could pave the way
for other wills to be overturned or changed by the courts, if they were deemed
to be ‘unfair’.
Mr
Oranjuik, head of commercial litigation at Martin-Kaye Solicitors in Telford,
was commenting after the end of a 10-year legal battle by Heather Ilott, who
went to court after her mother Melita Jackson left her entire £486,000 estate
to animal charities.
Mrs
Ilott, who has been estranged from her mother for 26 years and was claiming
benefits, has now been granted a third of her late mother’s estate – a total of
£164,000.
Mr
Oranjuik based at Martin-Kaye’s Euston Way head office in Telford, said the
decision could significantly weaken people's right to leave money to those they
want to inherit it.
“In light of this decision, it is arguably
now easier for an adult child to make out a claim for maintenance in the right
circumstances,” he said.
“The case
emphasises the long-established
principle that the terms of a deceased person’s will do not always prevail.”
He added: “There has long been the ability for
children of deceased people to claim reasonable financial provision for
maintenance. That often involves the child having relied on maintenance
provided by the parent or being dependent.
“What is unusual about this case is that Mrs Ilott
had been estranged from her mother for 26 years, and was not in any way
dependent on her.
“The court was however
influenced by other factors. Mrs Ilott had a very small income and received tax
credits and she had no pension. The fact that the named charities were unable
to establish a need for the entire estate was also a factor, as was the fact
that Mrs Jackson had no previous connection with them.”
Mr Oranjuik said: “Essentially this ruling means you can still disinherit your
children, but if you want it to stand up in court, you will have to explain
why, as well as explaining what connects you to those you do leave money to.
“That'll
make it easier for adult disinherited children to challenge wills and claim
greater sums by way of what the courts would deem a ‘reasonable provision’.”
