Contesting Wills - Ilot v Mitson & Ors

In the case Ilott v Mitson & Ors [2014] the Court found that the Deceased’s will failed to make reasonable financial provision for Mrs. Ilott and awarded her £50,000.

The Judge said: “The rejection by the mother of her only child at the age of 17, and which she then maintained for the rest of her life was unreasonable and this has led to [the deceased] unreasonably excluding her daughter from any financial provision in her will, despite her daughter’s obviously constrained and needy financial circumstances and her daughter’s wish for and attempts at reconciliation”.

FitzHugh Gates Solicitors Comment

So a moral claim or dependency is not a pre requisite to adult children making a claim. Necessitous circumstances are enough regardless of what the Deceased may have wanted.

Julian Cioffi - Managing Partner