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Lifetime Planning and WillsMany people assume that once they make a Will, their wishes are set in stone. After all, isn’t it your final word on who inherits your money, property, and possessions?
In most cases, you are free to leave your estate to anyone – family, friends, or charities. This principle, known as “testamentary freedom,” is a cornerstone of inheritance law. However, this freedom isn’t absolute. If close relatives are left out and are struggling financially, the court may step in to ensure they receive reasonable provision.
The case that caused shockwaves
Ilott v Mitson involved a long and painful family breakdown. Mrs Jackson had been estranged from her only daughter, Mrs Ilott, for over 25 years. When she died, she left her entire estate – almost £500,000 – to animal charities, and her daughter received nothing.
Mrs Ilott challenged the Will, and after years of legal proceedings, which eventually reached the Supreme Court, she was awarded a share of her mother’s estate, to the surprise of many.
When can a Will be challenged?
Formal challenges are made under the Inheritance (Provision for Family and Dependants) Act 1975. The Act allows certain people to claim if a Will fails to provide them with “reasonable financial provision”, namely:
- Spouses and civil partners
- Former spouses (sometimes)
- Children (including adult children)
- People financially dependent on the deceased
Courts consider more than the emotional aspects of a case; they also focus on fairness and the parties’ actual financial needs. If someone can demonstrate they have been left without sufficient support, the court may adjust how the estate is distributed.
Does leaving everything to charity prevent claims?
No. A common misconception is that charities provide protection against challenges, but this is a myth. Charities do not have any special legal priority over family members or dependents who may be struggling financially. In Ilott v Mitson, the court’s decision centred entirely on the daughter’s need.
Why your reasons matter
While the case raised concerns, it also underlined the importance of documenting your intentions. Mrs Jackson explained in writing why she excluded her daughter, noting their long estrangement. The court considered her reasoning and limited the amount awarded. Courts do not automatically rewrite Wills—they aim to balance your intentions with the claimant’s circumstances. Clear, rational, and documented reasoning carries real weight.
You may also be interested in Deeds of Variation: Changing a Will after someone has died |
How to reduce the risk of challenges
- Use a Letter of Wishes – This private document sits alongside your Will and explains your decisions. For example, you might note that a child is financially independent, you have been estranged, or you have already provided support. You may also outline why supporting a charitable cause matters deeply to you. Discover more about Letters of Wishes.
- Keep your Will up to date – Major life events such as marriage, divorce, children, or changes in finances can make outdated Wills vulnerable to dispute. A current Will is easier to defend.
- Consider lifetime planning – Gifts, trusts, or other financial arrangements can reduce potential disputes. Specialist advice ensures these are handled correctly.
- Take professional legal advice – An experienced solicitor can structure your Will to reduce risks, anticipate potential claims, and help document your intentions clearly. This can prevent long, costly legal battles and protect wishes.
If you are concerned about potential challenges to your Will or are considering excluding a family member, early professional advice is essential.