Daughter Rejected By Mother In Will Wins £164k Inheritance

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When Mrs Jackson died in 2004 she deliberately excluded her daughter from her Will and left her estate to animal charities with which she had little connection.  In a surprising decision the Court of Appeal has, however, awarded the daughter a substantial settlement from her mother’s estate. This case could prove to be a landmark ruling and will no doubt come as unwelcome news to anyone keen to disinherit a family member in similar circumstances.

The court heard that Mrs Jackson’s daughter, Heather Ilott, eloped at the age of 17 with her boyfriend and, as a result, her mother had never forgiven her. Mrs Jackson made her last will in 2002 with a letter to explain why she had disinherited her only daughter, referring to the fact she had walked out of her home in 1978 to live with her boyfriend.

When her mother passed away, Ms Ilott brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows someone who was dependent on a person who has died to claim against their estate for ‘reasonable financial provision’ to be made if such provision has not been made for them in the deceased’s will. Ms Ilott successfully persuaded the Court that the absence of provision was ‘unreasonable’. This was surprising considering the two women had had no contact for years.

The factors which may have influenced the Court’s decision include the fact Ms Ilott is dependent on state benefits.  Furthermore, Ms Ilott was also totally excluded from the Will with one judge describing her mother’s decision as ‘harsh, unreasonable and capricious’.

If you are in any doubt about how to write a legally enforceable will then please contact us today and avoid any future problems.

Divorce And Making Your Will

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What happens to your Will if you get divorced or end your civil partnership?

When you divorce or end your civil partnership your former spouse/civil partner is treated as having died before you.  This means that they will not inherit anything from your estate unless your Will specifically states that divorce or dissolution of a civil partnership would not affect the gift that was detailed in the Will.

In addition, if you had named your former spouse or civil partner as an executor in your Will (ie the person who collects in all your assets, pays off your debts and distributes your estate) they will not be able to act as your executor once you are divorced or after you have ended your civil partnership. If you had appointed your ex as your sole Executor, without any provision for a replacement, this would have to be rectified upon your death,  which could cause delays and  unnecessary costs.

Making a new Will

Unless there is good reason to the contrary the best time to make a new Will is after decree absolute and after all outstanding financial issues have been settled. That is so that any future claim of an ex spouse can be properly quantified.

It is especially important to make a Will to ensure that your children are adequately provided for.

Divorce also affects guardian appointments in a Will. If the couple getting divorced have children together, and not from previous marriages, then the remaining parent shall continue to have parental responsibility for those children.  Further guardianship for children of previous relationships need to be considered carefully.

Next steps

For further information about making a Will, please contact a member of our Private Client department for expert and professional advice.

DIY Wills- A Risky Business

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A Will is one of the most important documents you will ever make but an increasing number of people are preparing homemade Wills, possibly in an attempt to cut costs. However, although DIY Wills could be relatively inexpensive, the legal costs involved to remedy their potential errors may well exceed the cost of a professionally prepared Will. Moreover, it may not be possible to rectify mistakes that are discovered after your death.

What are the dangers of a DIY Will?

Off-the-shelf DIY Will kits are often poorly completed, leading to confusion over what assets have been left and to whom. Common errors that can occur in the process of making a DIY Will include incorrectly signing or witnessing the Will, which renders the document invalid. Furthermore, a beneficiary can compromise their inheritance by acting as a witness.  Even if you successfully avoid these pitfalls and create a valid document using a homemade Will, there is always the possibility that your Will cannot be located when it is needed. By using a regulated Law Firm, not only can you be certain your Will contains your exact wishes and instructions, you can be confident your Will will be stored safely. Most law firms will allow you to store your Will in their strong room free of charge.

Are there any risks involved using a Will-writing firm?

If you choose to use a Will-writing firm over a solicitors’ firm, make sure it is regulated. A recent case in which an unregulated Will-writer was jailed for 14 months after fraudulently charging clients to fix a non-existent problem with their Wills, highlights the dangers of using an unregulated body.  The cost of a professionally written Will includes the advice given by a solicitor, who is subject to regulation by the Solicitors Regulation Authority, unlike many Will-writers who are not legally qualified or governed by regulation.

Further, there are possible hidden charges that could apply if your Will is retained by the Will-writing firm.  Some such firms have dissolved without trace.

Who is at risk?

Everyone is at risk of being persuaded by salesmen offering to write Wills at low prices but then to establish Trusts at greater costs which may be unnecessary.   It is the elderly who are frequently targeted by Will-writing companies who often apply high pressure selling techniques.

Our advice

Do not be tempted to cut corners when it comes to writing your Will. Doing so could result in high legal costs or, at worst, an invalid Will.  Seek the help of regulated solicitors and relax with the peace of mind that your wishes will be carried out.

Inheritance Tax; Budget Changes

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The Chancellor has outlined a promise he says he could not fulfil in coalition. From April 2017, parents can pass £1m on to their children free of inheritance tax. A “family home allowance” worth £175,000 per person will be added to the existing £325,000 tax free allowance from April 6, 2017.

This means that individuals can pass on assets worth up to £500,000, including a home, without paying any Inheritance tax at all. The full benefit of the relief, however, will not be felt until the tax year 2020/21, owing to the fact that there will be a phasing in period of the additional relief from 2017/18.

George Osborne said: “The wish to pass something onto your children is the most basic, human and natural aspiration there is”.

Please follow this link to view the UK government’s latest document

Please contact us for further expert advice regarding.

Tom Harrison Retires

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Tom Harrison Senior Partner At Adams Harrison Retires

Tom Harrison Senior Partner At Adams Harrison Retires

Following a gathering on 29th June of friends, family and colleagues Tom Harrison retired as Senior Partner from the Practice of Adams Harrison, however he will retain a presence as a consultant.

We all wish him a long and happy retirement.

Problem With Transferring Property To Family Members

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For many people their home is their only or main asset and such people are often concerned about that asset having to be sold in order to meet the costs of care. Often people seek to transfer their homes to third parties (usually their children) to avoid them being brought into assessment, and perhaps not surprisingly there are anti-avoidance rules to prevent such an arrangement being abused.

One businessman has recently found out the risks of transferring his property to his son the hard way when his son’s bankruptcy left the family’s substantial buy-to-let property portfolio exposed to his son’s creditors.

The son’s name appeared on the title deeds of numerous properties for which his father had largely paid. When the son was declared bankrupt, his creditors focused on the portfolio as a potential means of recovering what they were owed.

A judge found that a purported declaration of trust had been post-dated and that both father and son had given unreliable evidence in an attempt to protect what they viewed as family assets. The ruling meant that the portfolio formed part of the son’s property in bankruptcy and was available to his creditors.

If you would like further information about this topic, please contact us today for expert and professional advice.