Cyclone Posted July 28, 2015 Share Posted July 28, 2015 Mrs Ilott challenged the will in 2007 under a right to “reasonable provision” which is contained in the 1975 Inheritance Act. It is normally used for young children who are left out of wills, but in 2011, Mrs Ilott won £50,000 from the estate before challenging for more money. She lost in the High Court last year but succeeded in the Court of Appeal. Lady Justice Arden awarded her £164,000 to allow her to buy her housing association home in Ware, Herts, with £20,000 left over to supplement her benefits. The judges drafted the ruling so that she would not lose her state benefits. However, one of the three judges, Sir Colin Rimer, said the award should be limited and that it was “reasonable” for her to attempt to find work over the next few years. The judges shared some of your concerns woodmally, see the final comment about seeking work. Link to comment Share on other sites More sharing options...
El Cid Posted July 28, 2015 Share Posted July 28, 2015 The answer to "so what" is that the law has a clause about making reasonable provision for offspring. Once my offspring is an adult, I will expect her to fend for herself. Many poor relationships are formed when parents keep bailing out their children. There was one on JK the other day, an alcoholic son being constantly bailed out by his mother. Link to comment Share on other sites More sharing options...
Eater Sundae Posted July 28, 2015 Share Posted July 28, 2015 There was a family court lawyer interviewed on radio 5-live this morning who picked up on one of the Judges talking about the fact that the mother had received a big payout following the death of her husband in an industrial accident, before the daughter was born. The lawyer summised that the judges may have seen some of this money as being morally due to the daughter, and thus included this in their decision. I don't know if she was right to suggest this, as I don't think that the judges specifically linked the two. Link to comment Share on other sites More sharing options...
iansheff Posted July 28, 2015 Share Posted July 28, 2015 This is difficult........... On one hand I'm thinking if the will was made whilst of sound mind and under no duress, what is the point of a will if it can be altered ? On the other hand, by granting the daughter a share of the will, the daughter will have come off benefits ................ I don't know. Not according to the BBC news, it said she will now be able to buy her HA home and still keep her benefits. Link to comment Share on other sites More sharing options...
Cyclone Posted July 28, 2015 Share Posted July 28, 2015 Once my offspring is an adult, I will expect her to fend for herself. Many poor relationships are formed when parents keep bailing out their children. There was one on JK the other day, an alcoholic son being constantly bailed out by his mother. The law doesn't say that living parents must bail out their children... Link to comment Share on other sites More sharing options...
woodmally Posted July 28, 2015 Share Posted July 28, 2015 I think a simple change in the law is needed to correct this. Reasonable provison should only be for children under 18. So that if a person dies the child still has support. Not for a fully fledged adult that should have got off her rear end and got a job rather than sponging off others. Link to comment Share on other sites More sharing options...
Jessoo Posted July 28, 2015 Share Posted July 28, 2015 Judge totally wrong to overturn deceased mother's wishes. Her money, her wishes. A will made in sound mind should be sacrosanct. Otherwise what is the point of making a will ? If her adult (ie. independent) daughter and family are receiving benefits, so be it. Completely separate issue. Link to comment Share on other sites More sharing options...
milquetoast1 Posted July 28, 2015 Share Posted July 28, 2015 Exactly so the daughter either wants to sponge off her mothers money or our money. Maybe she should have spent all this time getting a job and being self sufficient rather than expecting everyone else to pay her way. Another example of what's wrong with this world. A socialist might argue that the moment she died the mother's money became ours anyway, but leaving that debate aside ... Perhaps the mother's money was not earned by her anyway, perhaps the mother never worked? Perhaps the mother inherited it off the father who loved his daughter? Perhaps the mother's money was supplemented by our money by way of benefits and tax savings? Link to comment Share on other sites More sharing options...
woodmally Posted July 28, 2015 Share Posted July 28, 2015 A socialist might argue that the moment she died the mother's money became ours anyway, but leaving that debate aside ... Perhaps the mother's money was not earned by her anyway, perhaps the mother never worked? Perhaps the mother inherited it off the father who loved his daughter? Perhaps the mother's money was supplemented by our money by way of benefits and tax savings? But that is the point isnt it. The mother may have inherited it from her father. Then its to do with as she pleases not the daughter or the state. But unfortunatly because of a law we have to ensure that an adult (daughter) inherits money from the mother even though the mother expressly forbids it. It now makes a huge mockery of the will system. What is the point in having one anymore? Yet again people who are on benefits get better treatment as if the world owes them a living. My mother died and she only left 1/3 to me 1/3 to a friend and 1/3 to an aunt. Did I complain? No? I just carried on working hard and earning my own way in the world. So should her daughter but with that windfall I suspect not. Link to comment Share on other sites More sharing options...
smilersarah Posted July 28, 2015 Share Posted July 28, 2015 The Judge i think was totally wrong to overturn the will as it was the womens last wishes, if its left to stand then it sets a precedent for all future wills where a relative has been cut out. i am guessing that the charity or whatever will be launching an immediate appeal?? and rightly so Link to comment Share on other sites More sharing options...
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