Under English Law, a person is free to leave by Will his estate to whomever he wishes to, including leaving everything to charity.
In a recent case, an elderly mother left her estate of £500,000 jointly between two charities. She was widowed, and had one daughter, who she had rarely seen since her daughter left home at 17.
Her daughter had known for some time that she had been excluded from her mother’s Will. However, when her mother died she made a claim against the estate.
Under the Inheritance (Provision for Family and Dependants) Act 1975, a dependent of the deceased can make a claim for a provision out the estate, on the grounds that the testator did not make a reasonable financial provision for the applicant.
When deciding whether to make a provision for the applicant, the Court must follow guidelines, which include:
- The financial resources and needs of the applicant, and other beneficiaries
- The deceased’s moral obligations towards the applicant, and other beneficiaries
- The size of the estate
- The physical or mental disability of any applicant or other beneficiary
- Anything that may be relevant, including the conduct of the applicant
The daughter, who was in her early forties, was married with five children, lived in a Council house and had lived on benefits for most of her life. The Judge awarded the daughter £50,000.
The daughter wanted more, and appealed the decision of the Judge. The Charities also appealed on the basis that there should have been no award made to the daughter.
On appeal, the Judge decided that the fact that the daughter was in a difficult financial position was only one of the factors to be considered. The fact that the mother had made a conscious decision to disinherit her daughter, and that the daughter knew of this, was also important.
The Appeal Judge decided that the first Judge was wrong in awarding the daughter anything out of the estate.
This does not mean that it is impossible for a disgruntled child, or other dependent to make a case against an estate if they have been excluded from a Will. However, if a person has a clear intention to disinherit someone, their wishes will carry great weight.
This case illustrates that to ensure that your wishes are carried out, it is extremely important to make a clear and comprehensive Will. Please feel free to contact us in order to discuss your wishes.
By wills and probate solicitor, Jill Rushton