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Pippa Bavington What Does The Ilott "success" Mean For You?

What Does The Ilott

Following a recent post, I refer again to the headline case of Heather Ilott, the Court of Appeal ruling in her favour despite her mother’s attempt to disinherit her in place of 3 charities.

There have been differing views within the profession as to whether this case constitutes a “ground-breaking” decision or will open the floodgates to successful challenges, but what I want to address is what this means for every individual making a Will.

Firstly, the case reminds us that there is to some extent a limit on testamentary freedom in this country, not through forced heir-ship as in many other EU states, but through statute, namely the Inheritance (Provision for Family & Dependants) Act 1975.

Secondly, this case will, I am sure, at least clarify that it is not through sheer nosiness that I ask about family ground, any financial dependants and any potential expectations of inheritance – but to try to ensure that the Will, as far as is possible, reflect the testator’s wishes and is protected from successful challenge.  

I would therefore also say this is one of the key reasons why professional advice should be sought in making a Will: a “DIY”, online or even CAB Will is unlikely review a client’s entire circumstances and background with an understanding of the relevant legislation.

In summary: Good advice in relation to the Will includes recognising any potential claims to which a testator ought to give effect and so I would encourage everyone to invest in a professionally drawn Will. 

Feel free to contact Giles Wilson's Wills, Trusts & Probate team - we're happy to talk you through any issue you're having during a free, no obligation 30-minute consultation.


Awards & Recognitions

The expertise of our solicitors is regularly recognised by some of the profession’s most distinguished organisations. As well as being a member of a number of Law Society schemes, we have won awards at the Law Society Excellence Awards, the Halsbury Legal Awards and the Modern Law Awards. We have also received recognition in the form of the Lexcel mark of quality, a Legal 500 listing and a place on the shortlist of The Lawyer’s Boutique Firm of the Year.

Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson
Awards and Recognitions of Giles Wilson