The Ilott v Mitson case has been grinding through the Court system for over a decade, but on 13th December, a critical hearing was held in the Supreme Court. At Purely Probate we are eagerly awaiting the Supreme Court judgement; Ilott v Mitson is arguably the most important case concerning succession law for many years.
The case concerns the estate of Melita Jackson who died leaving her estate (worth about £486,000) to three charities. She left nothing to her only daughter, Heather Ilott, from who she was estranged. Heather made a claim against her mother’s estate and in 2007 the Courts awarded her £50,000, stating that she had a right to ‘reasonable provision’ from her mother’s estate, despite their estrangement. This case reversed the earlier presumption that a parent had no obligation towards an adult child living independently, and certainly gave us Will-drafters something to consider!
Heather Ilott took the case to appeal and in 2014 the Court of Appeal awarded her a larger sum; a lump sum of £143,000 to allow her to purchase her home, and a further payment of £20,000.
The Supreme Court was tasked with deciding whether the Court of Appeal correctly calculated the amount paid to Heather; were they right to structure the payments in a way that would allow her to keep certain means-tested benefits? Were they right to consider Heather’s straitened circumstances when deciding what was fair to both Heather and the charities?
The Supreme Court judgement will not therefore change the Court’s decision that Heather had a claim against her mother’s estate in the first place.
This case serves as a reminder that careful steps should be taken when preparing a Will for parents who have decided, for perfectly valid reasons, not to leave their estate to their children. Heather’s claim was successful in part because there was no clear record that her mother had any involvement with the charities she named in her Will. This highlights the importance of comprehensive discussions about all aspects of a Will. When we prepare Wills at Purely Probate we keep a careful record of your wishes, whatever the circumstances. We will also prepare all the documents required to ensure that, as far as possible, your wishes will be followed after your death.