Beware - if your Will is not written well the Courts can overrule it!

 

In the recent case of Heather Ilott (v Mitson and others [2015] EWCA Civ 797) the Court of Appeal overruled  Melita Jackson’s Will which left her £500,000 estate to animal charities.

 

The Court awarded Heather Ilott £164,000 from her estranged mother’s estate despite the fact that her mother had expressly stated in the Will that she did not want her daughter to receive anything.

 

To read the judgment from the case click here

 

This ruling means that although people can still disinherit their children, their Will must show a good reason why and explain what connects them to the people or organisations that they have included in their wills instead.

 

Regardless of what you write in your Will, it can be overturned if it is not written clearly and in enough detail to satisfy the Courts.

 

The message is clear - see a Solicitor and have your Will drawn up professionally to be sure your wishes are carried out.

 

 

To discuss making a Will, or any concerns you may have about an existing Will, please contact our Wills and Probate department on 0121 449 5050 or via enquiries@hhb-mo.co.uk.