What does the case of Ilott –v– Mitson really mean?

31st July 2015 1:10 pm Leave your thoughts

Parent or Child, Colemans’ specialist Wills and Probate and Litigation Teams have the combination of expertise and experience you need

On Monday, the Court of Appeal gave what the press are calling a ‘landmark ruling’ in the case of Ilott v Mitson.

The facts are that Melita Jackson’s only child Heather ran away from home at 17 to live with, and later marry, Nicholas Ilott, with whom she went on to have five children. The Ilotts live on benefits in a housing association property. Mother and daughter were estranged and when Melita Jackson died in 2004, she left her estate to charity.

The Court of Appeal awarded Heather Ilott £164,000, about one third of her mother’s estate, enough to buy the house she is renting without damaging her entitlement to benefits.

Michael Cutler, senior partner of Colemans Solicitors LLP, commented “Contrary to the press headlines, the Ilott ruling is not a major turning point, but a further step in a direction the Courts have been taking for some years now, and heavily dependent upon the particular facts of the case.

“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 and qualified professional. The specialist team at Colemans will make sure that you understand the circumstances in which a court may overturn your wishes, and that you do what you can to reduce the chance of that happening.

“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, but the Ilott case does not significantly improve your chances. If you feel you are you not getting what you should under the terms of a Will, then contact the specialists at Colemans and find out what you can do about it.”

For further advice on this article or for help with either writing your Will or looking at whether you can challenge a Will, contact Michael Cutler on 01628 631051 or email him at michael.cutler@colemans.co.uk


Categorised in: Family Law, Latest news

This post was written by Colemans Solicitors LLP

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