Law and Rights
May your will be "overturned" by the court? The basic principle remains that an individual making a will is free to distribute his property and money in any way he or she desires. It has been possible for certain categories of individuals to apply to the court for "reasonable financial provision" under the Inheritance (Provision for Family and Dependants) Act1975. The categories include a child of the deceased.
Melita Jackson chose, in her will, to give some £500,000 to various animal charities. Her daughter (Heather Ilott) has succeeded in the Court of Appeal in obtaining reasonable provision - Telegraph 28th July - Could Your Will be overturned by a court?
The court's judgment is Ilott v Mitson and others [2015] EWCA Civ 797 (Arden. Ryder LJJ and Sir Colin Rimer).
The case has raised a considerable amount of comment in the media.
One example is this Max Hastings article in the Daily Mail 29th July - Who are Judges to tell us who we can leave our money to in or wills? Mr Hastings either does not notice that the judges are applying legislation enacted by our own Parliament or, if he notices, chooses to ignore the fact and lead on to have a crack at "human rights" laws instead. Human Rights are not even mentioned in the court's judgment.
Where an individual dies intestate (that is, without a will) it is still possible for applications to be made under the Act since the law relating to intestacy may not give reasonable financial provision for the applicant.
It is always advisable for those with any significant assets to make a will. Anyone seeking reasonable financial provision against a deceased person's estate is well advised to consult with solicitors who specialise in such claims.
- New Animal Cruelty Bill.
A new animal cruelty bill has passed the state Senate and House of Representatives that not only allows for multiple acts of animal cruelty, but states that a person who owns, has custody or possession of an animal and fails to act and certain injuries...
- Prenuptial Agreements And Estate Planning Considerations: ?till Death Do Us Part
Nearly 80,000 Florida residents file for divorce each year. And, Florida has the nation?s highest percentage of residents over the age of 65. Many people enter into a second marriage with significant assets and adult...
- A Family Inheritance Wasted On Litigation
The recent case of Hawes v Burgess [2013] EWCA Civ 74 illustrates the high financial cost of litigation relating to wills. The Court of Appeal upheld the trial judge's finding that the deceased's last will, in which the testatrix cut out...
- Finger Pointing
Steve Coogan not guilty of speeding at Hove seafront declares the BBC 16th July. In fact, it appears that he was found not guilty of the offence of failing to supply information under section 172 of the Road Traffic Act 1988. This is not a speeding...
- Making A Will? See A Competent Expert ...
Generally, it is desirable to make a will and to avoid the rules applicable upon intestacy (death without a will). When a will is ?executed? (i.e. made) certain strict formalities apply ? (Wills Act 1837). In addition, at the time of giving...
Law and Rights
Cut off without a penny ... not necessarily !
Melita Jackson chose, in her will, to give some £500,000 to various animal charities. Her daughter (Heather Ilott) has succeeded in the Court of Appeal in obtaining reasonable provision - Telegraph 28th July - Could Your Will be overturned by a court?
The court's judgment is Ilott v Mitson and others [2015] EWCA Civ 797 (Arden. Ryder LJJ and Sir Colin Rimer).
The case has raised a considerable amount of comment in the media.
One example is this Max Hastings article in the Daily Mail 29th July - Who are Judges to tell us who we can leave our money to in or wills? Mr Hastings either does not notice that the judges are applying legislation enacted by our own Parliament or, if he notices, chooses to ignore the fact and lead on to have a crack at "human rights" laws instead. Human Rights are not even mentioned in the court's judgment.
Where an individual dies intestate (that is, without a will) it is still possible for applications to be made under the Act since the law relating to intestacy may not give reasonable financial provision for the applicant.
It is always advisable for those with any significant assets to make a will. Anyone seeking reasonable financial provision against a deceased person's estate is well advised to consult with solicitors who specialise in such claims.
- New Animal Cruelty Bill.
A new animal cruelty bill has passed the state Senate and House of Representatives that not only allows for multiple acts of animal cruelty, but states that a person who owns, has custody or possession of an animal and fails to act and certain injuries...
- Prenuptial Agreements And Estate Planning Considerations: ?till Death Do Us Part
Nearly 80,000 Florida residents file for divorce each year. And, Florida has the nation?s highest percentage of residents over the age of 65. Many people enter into a second marriage with significant assets and adult...
- A Family Inheritance Wasted On Litigation
The recent case of Hawes v Burgess [2013] EWCA Civ 74 illustrates the high financial cost of litigation relating to wills. The Court of Appeal upheld the trial judge's finding that the deceased's last will, in which the testatrix cut out...
- Finger Pointing
Steve Coogan not guilty of speeding at Hove seafront declares the BBC 16th July. In fact, it appears that he was found not guilty of the offence of failing to supply information under section 172 of the Road Traffic Act 1988. This is not a speeding...
- Making A Will? See A Competent Expert ...
Generally, it is desirable to make a will and to avoid the rules applicable upon intestacy (death without a will). When a will is ?executed? (i.e. made) certain strict formalities apply ? (Wills Act 1837). In addition, at the time of giving...