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

Adviser workload set to rocket ahead of IHT on pensions changes

Adviser workload set to rocket ahead of IHT on pensions changes

Large volumes of clients will need reviews of financial plans

Isabel Baxter
clock 15 December 2025 • 3 min read
Advising silver splitters: Legal insight for older clients getting a divorce

Advising silver splitters: Legal insight for older clients getting a divorce

Why is divorce becoming more common in older clients?

Katharine Bundell
clock 15 December 2025 • 4 min read
Wren Sterling adds £900m AUM with London-based IFA acquisition

Wren Sterling adds £900m AUM with London-based IFA acquisition

Evans Hart brings nearly 2,500 clients to the group

Sahar Nazir
clock 12 December 2025 • 2 min read