Commercial Litigation

Ruling overriding Will was “sensible and reasonable”.

Post by: Paul Cooper 07/01/2016 0 comments 1430 views

Ruling overriding Will was “sensible and reasonable”.

A Court of Appeal decision to award a woman £164,000 from her estranged Mother’s Estate after she was left out of the Will has further dented the “myth” of The Last Will  and Testament.

The Court over rode a Claimant’s Mother’s Will which left her £500,000 estate to animal charities and expressly stated she did not want her daughter to receive anything.

The Appeal Court granted the daughter a third of her Mother’s estate on the grounds that she had not been given “reasonable financial provision” in her Mother’s Will.

Regardless of what an individual does in their Will, it can be over turned if it doesn’t leave financial provision to children.

Adult children left out of Wills may find it easier to challenge their parent’s Wills if they have not been left a reasonable provision.

The award sends a message about how importantly the Judges’ view this issue.

If you require any assistance with this particular subject, please contact any one of our experts in our dispute resolution departments at Boston, Lincoln, Sleaford, Spalding, Grantham and Newark.


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