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26 July, 2017

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Court of Appeal finds in favour of appellant woman in mothers will

Posted by Worthingtons in News

In a recent Court of Appeal case a woman was awarded £164,000 – a third of her estranged mother’s estate, although she was not included in the will. Melita Jackson’s will, left £500,000 of her estate to animal charities and expressly stated she did not want her daughter to receive anything.

The judge found that the daughter would face poverty without provision from her mother and due to her financial circumstances had difficulty affording food for her 5 children and funding basic living costs. The daughters income was under £7,000 with benefits of around £13,000 and this outweighed the importance that the Appellant was an adult child who had lived independently for many years. The judge also took into account that the deceased had no lifetime connection with the charities she had left her estate to.

The outcome of this decision means that people may be able to disinherit their children if they can show they had good reason and demonstrate a strong connection to the people or organisations they have left money to and adult children may be find it easier to challenge.

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