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Appeal Court legacy ruling sets 'dangerous precedent', warn charities

Finance | Tania Mason | 4 Apr 2011

Three large animal charities have voiced their dismay over a Court of Appeal judgment that allows a disinherited daughter to challenge her deceased mother’s decision to leave her entire £500,000 estate to the charities.

The RSPCA, RSPB and Blue Cross were named as the sole recipients of the estate of the late Mrs Melita Jackson who died in 2004.  Mrs Jackson had a daughter, Heather Ilott, but chose to exclude Ilott from the will and attached a letter to the will that explained why.  

The letter said her daughter left home without explanation in 1978 at the age of 17 and never returned, and added: “Because my daughter left me without any explanation and has made no effort to reconcile with me I feel as though I have no moral or financial obligation to provide for her.

“If my daughter should bring a claim against my estate I instruct my executors to defend such a claim as I can see no reason why my daughter should benefit in any way from my estate.”

When Mrs Jackson died her daughter did indeed contest the will and refused several attempts by the charities to settle. She was awarded £50,000 by a judge in 2007 but this was revoked by the Court of Appeal two years later.

But a new ruling by the Court of Appeal, handed down last Thursday, quashes this decision and gives Mrs Ilott the option to continue her claim against her mother’s estate – worth nearly £500,000 - on the basis that she is an ‘adult child’ who is in financial need.

The charities have warned that this sets a “dangerous precedent for future legacy cases where anyone could choose to appeal against the will of a close family member on the grounds of their own financial situation regardless of the documented wishes of the deceased”.

James Aspden, a partner at Wilsons Solicitors who is representing the three charities, said: “The Court of Appeal has re-interpreted 30 years of law and left in its place a lack of clear guidance, which creates further uncertainty about a person’s right to leave money to people or organisations of their choice.”

The charities are continuing to take legal advice and will be consulting with other bodies who represent people affected by this ruling, such as the Institute of Legacy Management and the Society of Trust and Estate Practitioners.

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