• Home
    • We are closing

Margary + Miller

Solicitors in Suffolk serving East Anglia

  • RSS
  • Facebook
  • Twitter
  • Google+

SOUTHWOLD
01502 723308

  • Wills & Probate
    Wills, Trusts & Probate
    • We are closing
  • Property
    Moving Home
    • We are closing
  • Commercial
    Law & Property
    • We are closing
  • Notary Public
    • We are closing

Challenging a will sees daughter awarded £164,000

July 28, 2015

Daughter Awarded £164,000 in claim over Mother’s Estate

The Court of Appeal have awarded a daughter who was left out of her mother’s Will £164,000. Mrs Jackson’s Will split her estate, worth nearly half a million, equally between three animal charities, purposefully excluding her daughter, Heather Ilott.

After a ten year battle, the Court of Appeal increased the award to the Ms Ilott from £55,000 to £164,000. Mrs Jackson had fallen out with her daughter many years previously, when she ran away with her boyfriend aged 17. Ms Ilott, now 54, and with five children of her own, was said to be poverty-stricken, struggling to afford food and clothing for her family. It was argued that attempts at reconciliation between the mother and daughter were constantly undermined by Mrs Jackson.

The Court ruled that the increased award was fair in light of Ms Ilott’s circumstances and basic human needs.

Challenging a will

The case raises questions on the ability to challenge Wills for being deliberately unreasonable or unfair to members of the deceased’s family.

Further factors were taken into account, including evidence showing that a large proportion of assets in the estate were derived from Mr Jackson’s wages and compensation awarded after his death. Mr Jackson was killed in an industrial accident two months after Ms Illott was born.

The Court also commented on the lack of connection between Mrs Jackson and the charities she had divided her estate between. The Charities were both surprised and disappointed by the decision.

The case demonstrates the need to clearly consider the implications of a Will, and where necessary, ensuring the reasoning behind the Will is recorded.

If you would like further information on either making or challenging a will, please contact us.

The full judgement for this case was published on the Judiciary website on 27th July 2015 

As of March 2016 we understand that this case is now due to be reconsidered by the Supreme Court.

 

 

 

 

 

Filed Under: Contesting Wills, News, Recent Cases..., Wills & Probate

Contact Us

  • This field is for validation purposes and should be left unchanged.

Contact Us

  • This field is for validation purposes and should be left unchanged.

David Gaffney

trusts solicitor ipswich

David is a Partner in the Southwold Office of Margary + Miller Solicitors

[Read More]

Mel Waters

conveyancing solicitor southwold

Melanie Waters is a conveyancer based at our Southwold office, having

[Read More]

Stephen Leach

Solicitor Woodbridge

  Stephen Leach has been a Partner at Margary + Miller

[Read More]

Latest News About Personal Injury Claims

Company liable for injuries to employee who slipped on icy path

The Supreme Court has ruled that a company was liable for injuries … [Read More...]

Court increases compensation to family of mesothelioma victim

The Supreme Court has increased the compensation paid to the family of a … [Read More...]

Salesman injured in road accident awarded nearly £800,000

A highly motivated and successful salesman who enjoyed martial arts … [Read More...]

More Posts about Personal Injury Claims

Latest New about Wills & Trusts

New safeguards for people using lasting powers of attorney

New reporting forms have been introduced to improve protection for people … [Read More...]

More Posts about Wills & Trusts

News about Property

Court removes ‘biased’ arbitrator in construction dispute

The High Court has removed an arbitrator from a construction dispute … [Read More...]

Help to Buy ISAs now available for first time buyers

Help to Buy ISAs, which provide first time buyers with a 25% bonus on their … [Read More...]

New measures to help more people buy their first home

The government has introduced a series of new measures to help more people … [Read More...]

Family Law News & Cases

Husband loses appeal against unequal divorce settlement

A husband has lost his appeal against an unequal divorce settlement that … [Read More...]

Children want more say when their parents get divorced

Children want more say in what happens to them when their parents get … [Read More...]

Divorce settlements may have to be recalculated due to error

Thousands of divorce settlements may have to be recalculated due to an … [Read More...]

Dispute Resolution News

Court removes ‘biased’ arbitrator in construction dispute

The High Court has removed an arbitrator from a construction dispute … [Read More...]

Football club wins contract dispute over work on its pitches

A football club has won a dispute with a contractor brought in to improve … [Read More...]

Investors bring £27m negligence claim against property valuers

A group of investors have brought a £27m professional negligence claim … [Read More...]

News about Contesting Wills

Challenging a will sees daughter awarded £164,000

Daughter Awarded £164,000 in claim over Mother’s Estate The Court of … [Read More...]

Father’s will is valid despite disinheriting two of his children

Father’s will is valid despite disinheriting two of his children. The … [Read More...]

7 things you need to know about: Challenging a Will on the Grounds of a Lack of Mental Capacity

By Nathan Marsden -  Death is an uncomfortable subject for all of us – … [Read More...]

Employment Law News

Large firms to state how they prevent slavery in supply chain

New legislation is to be introduced to oblige large firms to reveal what … [Read More...]

Dyslexia sufferer wins discrimination claim against Starbucks

A woman with dyslexia has won a disability discrimination claim against … [Read More...]

Employers urged to prepare for paying the National Living Wage

Ministers have urged employers to start preparing now for the National … [Read More...]

Commercial Law News

Marks & Spencer loses appeal over refund on prepaid rent

Marks & Spencer has lost its appeal against a court decision that it … [Read More...]

Estate agency enforces no-competition clause on franchisee

A national estate agency that operates on a franchise basis has … [Read More...]

Company granted injunction to protect intellectual property

Firm stops former directors using its software with rival business A … [Read More...]

Recent Posts

  • New safeguards for people using lasting powers of attorney
  • Large firms to state how they prevent slavery in supply chain
  • Court removes ‘biased’ arbitrator in construction dispute
  • Company liable for injuries to employee who slipped on icy path
  • Sole trader wins back £700,000 from fraudulent accountant

© Copyright 2015 Margary + Miller · All Rights Reserved · ·

Margary + Miller" is a trading name of Margary & Miller Limited, a limited company, registered in England and Wales with company number 08651681. Registered office 73 High Street Southwold, Suffolk, IP18 6DS. A list of directors is available from this address. Authorised and regulated by the Solicitors Regulation Authority. VAT No: 102 7535 03. We use the word "Partner" to refer to a Director of Margary & Miller Limited and the word "Firm" to refer to Margary & Miller Limited. Margary + Miller is not responsible in any way for the content of external website links.