Can my will be ignored?
Whitebrook Wills - Friday, July 31, 2015
When Melita Jackson, who died in 2004, made her will she left her £500,000 to animal charities and stated she did not want her daughter to receive a penny.
However, after a long battle through the courts the Court of Appeal has finally awarded the daughter £164,000.
This was reported in various newspapers and a comment in the Daily Telegraph is worth repeating ‘Legal experts said the ruling had implications for how people draw up their wills. They said it suggested that people would in future have to explain their reasons for why they had left no money to certain parties.’
Something we at Whitebrook have been doing for decades!
Firstly, of course, the person taking the will instruction has to know about any situations which is why we always ask the question ‘Do you have any financial dependants whom you do not wish to benefit under your Will?’
And then we can document it and give an explanation for the exclusion. If the will is then contested it is then clear to the court why it was done and will make it much more likely for the original intentions to be carried out.
