Raeside Chisholm Solicitors

The directors of Raeside Chisholm are experienced solicitors who enjoy a deserved reputation in Glasgow and beyond for personal attention allied to a commitment to outstanding levels of quality legal services. For enquiries, please contact us on 0141 248 3456.

Woman WIns Legal Battle Over Mother’s Will

A woman has been awarded more than £160,000 in compensation after she challenged the will of her estranged mother.

Heather Ilott went to court after her mother left her entire estate to animal charities and omitted her daughter from her will. Melita Jackson left her £486,000 estate to animal charities when she died in 2004, however, the Court of Appeal has ruled she should receive a third of the estate.

Changes Idea of Inheritance

The landmark case heard that after Heather had eloped at 17, her mother did not want to leave her a penny, however, experts have warned that the ruling will have a significant impact on society and could lead to more people challenging wills. The ruling, which occurred in England, means you can still disinherit your children but you'll have to explain why and what connects you to those you do leave money to.

Disinherited children and those wishing to challenge wills may find it much easier to do so, with others criticising the fact that as a result of the case, it may be more difficult to leave a charitable bequest in wills. The ruling came even though Melita Jackson’s will was updated just two years before her death.

Lady Justice Arden said Mrs Ilott's mother had been "unreasonable, capricious and harsh" and ruled she should receive a greater proportion of the estate.

In a joint statement, the three charities that had been left a gift said they were "surprised and disappointed" following the ruling.

Their solicitor said it was a "worrying decision for anyone who values having the freedom to choose who will receive their property when they die".

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If you require legal advice in making a will or for any advice regarding services for the elderly, contact us today using our online contact form.

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