“Family members who are snubbed in a relative’s will in favour of charities could find it easier to lay claim to the estate following a recent judgment.”
Law Society’s Gazette, 6th May 2011
from the Inner Temple Library
“We are told that writing a will is vital to secure the future of our loved ones. But many who set out with all the best of intentions, find that what should be a simple act is frustrated by ‘glaring errors’, pressure-selling, and over-inflated fees, according to the Law Society.”
The Guardian, 17th April 2011
“Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. There was no obligation to balance the section 3 factors at that stage nor to explain why the combination of those factors led to a conclusion that no provision was unreasonable; what mattered was that the decision, taken as a whole, explained the conclusion reached.”
WLR Daily, 31st March 2011
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Melita Jackson, who died in 2004 at the age of 70, left her estate of £486,000 to animal charities, making no provision for Heather Ilott, her only child. Three of the country’s most senior judges said Mrs Ilott, 50, should receive a share of the will, in a decision which could lead to more people challenging relatives’ bequests.”
Daily Telegraph, 1st April 2011
“To determine whether a testatrix knew and approved the contents of her will the proper approach was to consider the factual and expert evidence and to ask whether the testatrix appreciated what was in the will when she signed it. It was not necessary to break down the issue into two separate questions of whether a prima facie case had been made out that the testatrix had not known or approved of the contents of her will and then whether the beneficiary had rebutted that case.”
WLR Daily, 15th December 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.