England: testamentary freedom diminished as judges overturn will that would leave daughter penniless

The court defied the wishes of Melita Jackson, calling them “unreasonable, capricious and harsh”.

Her will provided that her daughter, Heather Ilott, 54, should not inherit anything.

But the court awarded her £164,000 to prevent her from living “on the breadline”.

Samantha Ewing, a lawyer at Thomas Eggar solicitors, said the case has set a precedent for challenging wills.

She said: “The right of testamentary freedom in England and Wales — to leave your estate to any person you wish — will be diminished as the doors have been opened wider for estranged children to claim from their parents’ estates even where they were held jointly responsible for the failure of reconciliation.”

Spiteful wills could now be easier to have overturned under the Inheritance Act 1975.

According to Paula Myers, of Irwin Mitchell, people can still disinherit their offspring but they need “to have a good reason why and be able to explain what connects them to the people or organisations they have included in their wills”.

Mrs Ilott’s mother had attempted to disinherit her daughter because she left home at the age of 17 with her boyfriend against the mother’s wishes.

Appeal judges ruled, however, that as she had no pension and five children she lacked reasonable provision from the deceased’s estate to ensure her future maintenance.

It also came to light that Mrs Jackson was in no way connected to any of the animal charities for whom she left the money, the RSPB, RSPCA and Blue Cross, over the course of her life.