What the landmark ruling in Ilott v Mitson will mean for Will drafting

The recent verdict in the Court of Appeal concerned Melita Jackson, who died in 2004 leaving a Will that made no provision for her only child Heather Ilott. Mrs Jackson was estranged from her daughter who left home at the age of 17. Three attempts at reconciliation had failed. Under the terms of her Will Mrs Jackson left her entire estate to 3 animal charities. The Court ruled that Mrs Jackson had no made ‘reasonable provision’ for her daughter and that Mrs Ilott should receive £164,000 – a level of award that would preserve her entitlement to State benefits.

Solicitors must now consider what else needs to be done to preserve the client’s wishes. Mrs Jackson’s Will and Letter of Wishes were drafted with considerable care, explaining the reasons for her wishes. She even instructed her executors to defend any claim brought by her daughter on the estate.

This judgement can be considered ‘surprising and disappointing’ and bad news for charities.

The solicitor’s comprehensive file notes should remain available for scrutiny together with detailed records of the Testator’s relationship and connection with the charities concerned.

Judy Dyke
Director & Solicitor

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