What happened when a mother cut her daughter from her will?

clock

Nick Mendoza, a solicitor at Howard Kennedy, discusses how the recent Ilott V Mitson case could affect the way your clients draw up their wills.

Enshrined under English law is the principle of ‘testamentary freedom’, whereby a person is free to choose to whom they will leave their estate upon their death. Testamentary freedom is, though, restricted by the recognition that there is a need to provide for family members in certain circumstances. The Inheritance (Provision For Family and Dependants) Act 1975 (the ‘Act’) provides a statutory framework by which a family member or dependant can make a claim against the estate of the deceased in circumstances where no provision, or inadequate provision, has been made for them under th...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Your profession

Former LGIM CEO Michelle Scrimgeour recognised in King's Birthday Honours

Former LGIM CEO Michelle Scrimgeour recognised in King's Birthday Honours

The honours mark the contributions and service of people across the UK

Jonathan Stapleton
clock 16 June 2025 • 1 min read
Women in Financial Advice Awards 2025: Complete your entries!

Women in Financial Advice Awards 2025: Complete your entries!

Entry period closes on 20 June

Professional Adviser
clock 16 June 2025 • 1 min read
Crossing Point joins Mabel Insights platform to offer advisers 'trend-following decumulation strategy'

Crossing Point joins Mabel Insights platform to offer advisers 'trend-following decumulation strategy'

Partnership aims to boost transparency and choice for advisers navigating crowded MPS market

Sahar Nazir
clock 16 June 2025 • 1 min read