Ilott –v- Mitson: Back to Square One

The case of Ilott v Mitson hit the headlines in July last year, because a court overturned a mother’s Will, taking £164,000 (out of about £450,000) away from the charities she intended to benefit, and giving it to the daughter from whom she had been estranged for much of her life.

Now the Supreme Court has reduced that award to £50,000.

Michael Cutler, senior partner of Colemans Solicitors , commented “We cautioned at the time that the Ilott ruling was not a major turning point, but depended on the very unusual circumstances of the case, and the Supreme Court ruling underlines that.”

“However, this case does remind people that you cannot simply write a child out of your Will and expect that to stick.”

Cutler’s colleague Vicky Burdett said “If you intend to make a Will which may leave a child of yours feeling hard-done-by, it is crucial that you take advice from an experienced specialist solicitor, so you understand the circumstances in which a court can overturn your wishes, and what you can do to reduce the chance of that happening.”

“Equally, if you are a child who feels short-changed by what you have been left in a parent’s Will, you may be able to persuade a court to do something about that, and you should talk to a specialist solicitor about what you can do about it, without delay.”

Vicky Burdett is a member of the Society of Trust and Estate Practitioners, the key trans-national grouping of the most skilled and experienced practitioners in this field.

Contact Vicky Burdett at vicky.burdett@colemans.huntersserver.co.uk or on 01628 631051

Categorised in: Wills, Probate and Trusts

This post was written by Colemans Solicitors LLP