Court of Appeal writes woman back into estranged mother's will

Aug 03, 2015

Written By Sofia Gymer, Editor, AllAboutLaw.co.uk

In a decision which is dividing opinion, the Court of Appeal has made the decision to write an estranged daughter back into her mother’s will - despite her mother explicitly stating that she did not want her daughter to receive any of her £500,000 estate.

Heather Ilott was granted £163,000, about a third of her mother’s estate, even though 70-year-old Melisa Jackson stated that it should be donated to three animal charities instead of her only daughter.

This seems to many, outrageous – particularly to those who will be leaving an inheritance upon their own death. However, in this specific circumstance Lady Justice Arden found that Heather and her five children would otherwise be living in poverty.

The appeal was made using the 1975 Inheritance Act. Lady Justice Arden granted the money on the grounds that Heather’s mother had acted in an “unreasonable, capricious and harsh manner” towards her daughter.

Heather had a very low income, was relying on benefits to support her family, and could only afford second hand clothes. The annual income was under £7,000 per year, plus £13,000 in benefits.

£143,000 of the money is to be used to buy her socially rented house and £20,000 on the grounds that the acquisition of a house would disentitle her from future benefits.

Carla Brown, partner at Moore Blatch solicitors stated: “People are more ready to criticise executors and ask questions as disappointed beneficiaries”.

This is arguably due to the current economic climate, in which young people are struggling to get on the housing ladder and have exceedingly large student debts to pay.

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