Contested wills background
A recent case study on contested wills, which shows how gifts to charities in your Will are respected after a Supreme court ruling
The Supreme Court recently ruled in favour of Blue Cross, RSPB and RSPCA in the case of a legacy bequest which was challenged by the donor’s daughter. The case, which has run for 13 years, had been viewed with interest by charities because it could have had significant negative implications for future donations via people’s Wills.
The long-running case of Ilott v Mitson centred on the estate of Melita Jackson who died in 2004. She chose to donate the bulk of her estate to charity. However, her estranged daughter, Heather Ilott, challenged the Will in court.
Mrs Ilott, her only child, was initially awarded £50,000. In 2015, this was increased to £150,000 on appeal to the Court of Appeal.
This increase was challenged by the charities who argued that people should be free to choose the beneficiaries of their Will. The Supreme Court eventually ruled in favour of the charities and Mrs Ilott will receive the original, smaller sum.
No longer windfall income
The Court of Appeal in August 2015, in siding with Mrs Ilott, had suggested that charities should view simply as a fortunate “windfall” legacies from people with whom they had had no discernible link. Yet many legacy fundraisers know from experience that they receive bequests from people who have had no record of giving to their charity. The three charities announced that they would take the case to the Supreme Court in March 2016.
Significance of the Supreme Court’s ruling
This was the first time that the Supreme Court had been asked to consider the provisions of the Inheritance Act 1975.
The Supreme Court’s ruling clarifies that charities are not required to justify their position as a beneficiary. The fact that an individual chooses to bequeath money to them, whether they have had a connection with the charity or not, is sufficient.
The Court also recognised that members of the deceased’s family do not automatically have any rights to precedence over gifts made to charities in a Will. The Court further recognised that charities do rely on charitable gifts left to them in Wills.
How Starck Uberoi can help
Our Contested Wills and Probate Lawyers includes litigation solicitors who have extensive experience in dealing with the complex issues manifest in this area of law. The case law shows that your gifts will go to the charities you intended. At present, we will prepare your Will free of charge for a donation to one of our partner charities. So now you can support charity and get a good deal. Did you know that for some charities, up to 30% of their fundraising comes from gifts or legacies and for some, it is even more? We recommend the service if:
- You wish to leave a legacy or gift to one of our partner charities which include Cancer Research, Amnesty International and the Alzheimer’s Society
- If you are elderly and would like us to arrange a home visit so that you can so that you can access our services from the comfort of your own home and can more easily arrange a time to suit your commitments.
Our advice is tailored to suit each individual client’s needs. Looking for a solicitor in Brentford, a solicitor in Ealing, a solicitor in Belgravia, a solicitor in Pinner, a solicitor in Richmond or a solicitor in Canterbury? We have an office in each. For an appointment at any of our offices, email us at solicitor@starckuberoi.co.uk or call 0208 840 6640.
