A woman who was cut out of her mother's will has been awarded £164,000 by the Court of Appeal in a ruling that could weaken the right to leave money to chosen beneficiaries. Heather Ilott, 54, from Ware, Hertfordshire, successfully challenged the will of her mother Melita Jackson, who died in 2004 leaving her £486,000 estate to animal charities.
The court heard that Mrs Ilott had eloped at age 17 with her boyfriend, leading to a permanent rift. Her mother never forgave her and explicitly excluded her from the will, leaving the entire estate to the RSPCA, RSPB and Blue Cross. Mrs Ilott, who later married and has five children, plans to use the inheritance to buy her housing association home.
Lady Justice Arden ruled that Mrs Jackson had been 'unreasonable, capricious and harsh' in disinheriting her daughter. The court found that the will did not make 'reasonable provision' for Mrs Ilott under the Inheritance (Provision for Family and Dependants) Act. The ruling overturns a previous High Court decision that had awarded her only £50,000.
The three charities expressed surprise and disappointment, with their solicitor James Aspden calling it a 'worrying decision for anyone who values having the freedom to choose who will receive their property when they die'. Legal experts say the ruling means people can still disinherit children but must explain their reasons and show connection to chosen beneficiaries.
Mrs Ilott had initially been awarded £50,000 in 2007, but that was reversed on appeal. She then faced a series of legal battles, culminating in the Court of Appeal decision that she should receive a third of the estate. The case highlights the growing trend of will challenges by disinherited adult children.
