Testamentary Freedom and Leaving Your Estate to Charity

Testators are free to leave their estate as they choose and you can exclude anyone you wish. However, certain categories of people, such as spouses and children, are entitled to make a claim against the estate under the Inheritance Act 1975 if they can show that they are entitled to reasonable financial provision from the estate.

In the recent case of llott v Blue Cross and Others, Melita Jackson bequeathed her £500,000 estate to the RSPCA, RSPB and Blue Cross animal charities in her Will. She fully excluded her only daughter, Heather Ilott, who had left home at 17. The pair had been estranged for more than 25 years.

Ms Ilott, now in her 50s, challenged the Will and the High Court awarded her £50,000 as reasonable financial provision. Both parties appealed and the case went to the Court of Appeal. The Court of Appeal noted that Ilott has five children, was on benefits and without a pension, and so awarded her £160,000.

The charities appealed against this decision and the case has this month been heard in the Supreme Court. They ordered that the original decision be reinstated, meaning that Ilott will only receive £50,000.

The case upholds the overarching principle of testamentary freedom and shows that litigation is not always the answer for adult children who want to challenge their parents’ Wills just because they consider them to be unfair. However, it also makes it clear that there is always a risk that someone can make a successful claim against your estate, even if you exclude them in your Will.

If you are concerned about excluding someone from inheriting all or part of your estate, please contact the Wills and Probate department at Williamsons who can advise on measures that you can take to protect your testamentary freedom.