Probate law case study - Be careful what you appeal for

A decision has recently been reached in the appeal of Ilott v Mitson [2014] EWHC 542. The case concerned a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“The Act”).

The Claimant had brought a claim against the estate of her late mother, for reasonable financial provision. The Claimant and the Deceased had a difficult relationship, and had been estranged for many years. The Deceased left her estate to specific charities, whilst the Claimant was left with nothing. The Claimant was in a difficult financial position- she lived in rented accommodation and was heavily dependent on state benefits. At first instance, the Claimant was awarded the sum of £50,000, which was the equivalent of approximately 10% of the net estate. The Claimant appealed against the amount of the award, and the beneficiaries of the Will (the charities) appealed against the decision that the Will had failed to make reasonable financial provisions for the Claimant.

When considering the appeal, the Judge confirmed the factors the court will take into account when determining whether reasonable financial provision has been made. The judge has a discretion when assessing what constitutes “reasonable financial provision,” but will consider the following:

• The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future.
• The financial resources and financial needs which any other applicant for an order has or is likely to have in the foreseeable future.
• The financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future.
• Any obligations and responsibilities which the deceased had towards any applicant for an order or towards any beneficiary of the estate of the deceased.
• The size and nature of the net estate of the deceased.
• Any physical or mental disability of any applicant for an order or any beneficiary of the estate of the deceased.
• Any other matter, including the conduct of the applicant or any other person which in the circumstances of the case the court may consider relevant.

The appeal upheld the award at first instance, and confirms that when assessing what “reasonable financial provision” would be, each case turns on it’s own facts. Any award is discretionary, and is not likely to be interfered with, unless the judge is “plainly wrong,” which will be difficult to demonstrate.

Contesting a Will

Here at Redress Law Solicitors we are specialists in will disputes can advise of your options if you have been left out of a Will and if necessary, take the appropriate steps to bring a claim.