Inheritance Act (Provisions for Family and Dependants) 1975: Back to where it all began!

On 15 March 2017 the Supreme Court concluded the case of Ilott v Mitson & Others which has opened the gate to many debates and legal questions amongst professionals. Following this judgement you may also be thinking ‘what does this mean’ for you.

Background to Ilott v Mitson & Others

Mrs Ilott was the only daughter of Mrs Jackson who died in 2004. Mrs Ilott had been estranged to Mrs Jackson for 26 years and subsequently was not mentioned in Mrs Jackson’s Will. Mrs Jackson left who whole estate with a net value of £486,000 to various animal charities. Mrs Ilott thought herself entitle to inherit from her mother. Mrs Ilott was married with 5 children, relied on state benefits and was housed by a housing association, she brought a claim to the court under the Inheritance (Provisions for Family and Dependants) Act 1975.

What do you need to know?

The Inheritance (Provisions for Family and Dependants) Act 1975 sets out who can make a claim and on what grounds the claim can be made depending on the applicant’s status. Various features of the case are taken into consideration by the Court, especially when it comes to making decisions as in the case of Illott v Mitson & others.

The judgement of this case is said to have highlighted that a person bring a claim does not have an automatic to a financial provision but in fact must successfully fulfil the criteria taken into account by the Court before any sum is awarded.

What do I do if I think I have a claim?

The aim of the Inheritance (Provisions for Family and Dependants) Act 1975 is to make further financial provision for those who were left out of a Will, have not inherited as there was no Will and the estate was intestate, the Will is not clear, or who have not been left as much as they need as in the case of Illott v Mitson.

Anyone is able to bring a claim against an estate if they believe they are entitled to inherit. If you wish to bring a claim against an estate there is a time limit of six months from date of the grant of representation or probate but advice should be sought as soon as possible.

How do I prevent a claim against my own estate?

The first step in preventing a claim against your estate is to ensure you have a correctly drafted Will in place; meaning that there is no possible ambiguity in its meaning. You should also make sure that if you wish to exclude a person from inheriting you make a statement to put with the Will specifying the grounds on which you do not wish for them to inherit. Your Will must also be correctly signed and witnessed in order to be valid.

For advice on Wills, Intestacy or potential Claims contact our team on 0800 015 0340 to arrange an initial free half hour appointment at any of our offices in Huddersfield, Halifax, Wakefield, Horbury, Leeds, Pudsey or Morley.