Unfairly Left Out of A Will

13 February, 2020 3 minutes reading time

Stories of inheritance battles within families are frequent in the news, and it’s not just the wealthy who fight over estates. Disputes often arise when family members feel unfairly excluded from a will. Many believe they can leave their assets to anyone, but the law doesn’t always support this. Under the Inheritance (Provision for Families and Dependants) Act 1975, those who are unhappy with their inheritance or feel unfairly excluded can claim “reasonable financial provision” from the estate.

Eligibility Under The Inheritance Act

To bring a claim under the Inheritance Act you must be either:

1. A child/children of the person who has died;
2. Those treated on a similar footing;
3. A spouse or long term cohabiting partner; or
4. An individual(s) who were being “maintained” by the deceased

Hitting The Headlines

Daughter Cut Out of Will

Ilott v The Blue Cross – Heather Ilott was estranged from her mother, Melita Jackson, for years, leaving home at 17. She earned £20,000 annually and received state benefits. Her mother left most of her £500,000 estate to charities, disinheriting Heather. Their legal battle lasted a decade, reaching the Supreme Court. Though Heather’s initial award was increased on appeal, the Supreme Court ultimately reinstated the original £50,000, which Heather received despite her mother’s wishes.

Disinherited Daughter

Ames v Jones & Ors – Danielle Ames claimed a share of her father’s £1 million estate. Unemployed, she argued that her family struggled financially and expected her father to provide for her in his Will. The judge rejected her claim, noting her father had previously supported her business and that her unemployment was a “lifestyle choice” after having children.

Adult Child Told to Live Within Means

Wellesley v Wellesley – Ms Wellesley, estranged from her father for 30 years, inherited £20,000. Most of his estate went to his son, with provisions for his wife and stepchildren. Believing her family mistreated her, causing the estrangement, Ms Wellesley argued her ADHD prevented her from working, making her reliant on benefits. She felt her father’s Will, not the state, should provide for her. The court disagreed, finding she caused the estrangement, appeared to be living within her means, and that her ADHD wasn’t a barrier to employment. Lady Hale noted the law doesn’t yet require parents to support adult children to save public funds. Another judge emphasised that, unlike some European countries, the UK doesn’t have forced heirship. Testamentary freedom (the right to choose beneficiaries) is the starting point.

Our Advice

Whether an Inheritance Act claim succeeds depends on the specific facts of each case. Unfortunately, there’s no single answer. So, if you’re thinking about making a claim or are concerned about losing out due to a claim, seek legal advice immediately, as there are time limits. Early assessment of your case’s strengths and weaknesses increases the chance of a cost-effective resolution.

For more information or advice on Inheritance Tax claims, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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