15 March 2017

Daughter cut out of will: are we all free to leave our estate to whomever we wish?

It has been recently reported that three animal charities had won a case at the Supreme Court against a woman cut out of her mother's £500,000 will.

Eleanor Stenson, Associate and member of the Shulmans dispute resolution team, provides some insight on the case: “Some very interesting comments from the Court about how our legal system supports testamentary freedom. Our jurisdiction has long echoed the commonly held view that a person should be free to leave their estate to whomever they wish. The decision handed down today gives us some clarity on provisions in the Inheritance (Provision for Family and Dependants) Act 1975, where there is truly a case of necessity. However, they will not ignore that awards under the Act can often be at the expense of those whom the testator actually intended to benefit.”

For any further information about the issues involved in this case, please contact Eleanor on 0113 297 8933 or at estenson@shulmans.co.uk.

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