Member Article

It's now difficult to disinherit claims Cockertons

The court of appeal has made it easier to challenge the wishes of family and more important than ever to seek expert help when drawing up a will, says Bakewell solicitors, Cockertons.

Probate specialist, Suzanne Porter, commented: “This week’s ruling in favour of a Hertfordshire woman excluded from her mother’s will has weakened people’s right to disinherit relatives.

“If a person wishes to ensure a close family member does not benefit from their estate, careful planning and preparation is essential to avoid unnecessary expense and heartache.”

On Monday, Heather Ilot of Ware was awarded £164,000 of her mother’s £486,000 estate after the court of appeal determined she had been “unfairly excluded.” A valid will was in place when her mother died in 2004 that left her assets to animal charities and made it clear she did not want her daughter to inherit.

Suzanne added: “With the right advice you can limit the grounds upon which a person may benefit from your estate. If this was a Cockertons case, we would ensure the will was accompanied by a Statement of Wishes/Intent that explains why the decision has been made and record officially that our client understood the extent of their finances, the individuals who could make a claim and that they were of sound mind.”

“We always encourage clients to consider family relationships, dependencies, previous lifetime gifts and individual finances when drawing up a will. Any potential for claims can then be identified and addressed. As the Ilot case underlines, without the knowledge and expertise of a specialist solicitor, a person’s wishes may be overturned, resulting in money ending up in the wrong hands.”

Cockertons is a division of Sheffield’s Taylor&Emmet LLP. For more information about the wills and probate services it provides to the Peak District, telephone (01629) 812613, visit www.cockertonslegal.com or follow the firm on Twitter, @tayloremmet.

This was posted in Bdaily's Members' News section by Nina Sorby .