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Daughter cut out of mother's will for naming her child badly watch

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    A woman whose mother left her out of her half-million-pound estate because she disliked the name of one of her grandchildren won a landmark legal victory yesterday.


    Melita Jackson, who died in 2004 at the age of 70, left her estate of £486,000 to animal charities, making no provision for Heather Ilott, her only child.




    Three of the country’s most senior judges said Mrs Ilott, 50, should receive a share of the will, in a decision which could lead to more people challenging relatives’ bequests.




    The Appeal Court in London was told that Mrs Jackson cut her daughter out of her will because she did not agree with the name she gave to her fifth child, Ellen, who is now 14.




    Mrs Ilott, who lives in Great Munden, Herts, challenged the will and a county court judge ruled that she should receive £50,000, but she went to the High Court and asked for more.



    http://www.telegraph.co.uk/news/ukne...ild-badly.html


    This is an absolute disgrace and I am at a loss as to how the judges came to this decision. The fact is, the individual who wrote the will DID NOT make provision for her daughter and willing, actively, knowingly ensured that no provision existed and he judges have over turned the wishes of the individual.

    This is a disgrace. When someone writes their will, it is a document outlining how they want their estate to be split amongst individuals, charities, organisations etc


    Such a document shouldn't be overturned by the whims of a court on the basis of an individual who feels they deserve something when they deserve nothing.


    Disgusting outcome. Although she hasn't yet received anything due to processes, the fact that she has been given the right to appeal her mothers decision (her mothers will) is a disgrace.

    EDIT:

    You can view the deceased woman's letter providing background to the case and instructing her Executors to contest any claims by her daughter here: http://www.bluecross.org.uk/files/39...f%20Wishes.pdf

    ^^ Thanks to L i b for the information.
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    I agree that this is ridiculous. Obviously so is leaving all of your money to an animal charity over your family, but it should be your choice what you do with it. Judges should not be able to over-rule someone's will.
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    totally agree with you. it was the mothers money she should have been able to do whatever she wanted with it
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    I heard they hadn't spoken for years because the mother didn't approve of the man she ran off with and married when she was 17? But maybe that's just This Morning dramatizing it
    Yeah, I don't think she should get any money though.
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    I agree with you. Its unbelievable really. While I don't agree with being as childish as the woman was (really, just because of the name of the kid? WTF), a will is that persons wishes. Unless it is made when the person is not in a fit state of mind, it should be adheared to.
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    How on earth can you say that is a bad decision?

    The mental old woman took her only child, the person she is in law designated to care and look after to the best of her abilities, out of her will.

    'they deserve nothing'. What kind of idiot thinks a person's child deserves nothing from the parent? The child did nothing wrong, the mother just how a critically bad mental problem or something to which she decided simply naming a child soemthing she didnt want to name it counts towards her child not deserving anything.
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    Is there any actual evidence that the reason was the name of the child?

    I just did a quick skim read and didn't come across any.
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    Agreed. As long as the mother was of sound mind when she wrote the will, the family and the courts have absolutely no right to overturn it.
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    (Original post by Tommyjw)
    How on earth can you say that is a bad decision?

    The mental old woman took her only child, the person she is in law designated to care and look after to the best of her abilities, out of her will.

    'they deserve nothing'. What kind of idiot thinks a person's child deserves nothing from the parent? The child did nothing wrong, the mother just how a critically bad mental problem or something to which she decided simply naming a child soemthing she didnt want to name it counts towards her child not deserving anything.
    The 'mental old woman's daughter is 50.

    A parent has no legal obligation to leave them anything in their will or provide for them at that age
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    In Scotland there is some rule that you have to leave a certain percentage of your money to your child/ren. In all fairness it is a pretty stupid reason for not leaving anything to your child, but I think it is unfair that people can appeal their relatives' wills unless they were not mentally stable at the time of writing it or something.
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    Since when can wills be overturned? What's the point of making one if your money can end up going where you don't want it to go?

    The daughter shouldn't get a penny. Whether it was right or wrong for the woman to take her daughter out of her will, she still did it, and that should be final.
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    I totally agree with you. Ultimately, however petty the reason may be, she left her daughter out of her will and that's that. Assuming she was sane when she wrote it, I can't honestly see the issue here.
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    It's the mother's money and she should decide where it goes. I've known from an early age (not sure exactly when - whenever I first talked to my parents about dying and wills) that I'm not inheriting anything financially from my parents beyond expenses to cover their funerals, as they don't agree with passing on wealth that they earnt and I didn't work for in the slightest - it's going to charity instead. Of course I'd love some free money from them, but it is their money and so it's their decision what they do with it. They have a responsibility to provide for you when you can't, but it's not like I exactly went to work to earn that money and thus I don't have a moral right to it.

    I do think it's incredibly stupid to cut someone out of your will because of the name Ellen though. It's even quite a nice name
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    (Original post by Teaddict)
    This is an absolute disgrace and I am at a loss as to how the judges came to this decision. The fact is, the individual who wrote the will DID NOT make provision for her daughter and willing, actively, knowingly ensured that no provision existed and he judges have over turned the wishes of the individual.
    How on earth is this the judges' fault? They don't just make up the law as they go along!

    Parliament has enacted the Inheritance (Provision for Family and Dependants) Act 1975 which allows family members and dependants who aren't provided for in the will to make a claim anyway. The judges can't just ignore an Act of Parliament. Whether or not you think the law should allow the will to be overridden is irrelevant for the decision in the case - Parliament has decided that it should.

    So how the judges can be blamed for this is a mystery to me!
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    (Original post by Cybele)
    Since when can wills be overturned?
    Since Parliament enacted the Inheritance (Provision for Family and Dependants) Act 1975 which, funnily enough, judges aren't allowed to just ignore!
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    She's just took money from a charity really :/

    I can understand the daughter wanting something, but there is moral issues on both sides of the argument which always makes one side look bad
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    Misread that title as naming the child 'baldy' - in which case it would have been totally deserved.
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    (Original post by mja)
    How on earth is this the judges' fault? They don't just make up the law as they go along!

    Parliament has enacted the Inheritance (Provision for Family and Dependants) Act 1975 which allows family members and dependants who aren't provided for in the will to make a claim anyway. The judges can't just ignore an Act of Parliament. Whether or not you think the law should allow the will to be overridden is irrelevant for the decision in the case - Parliament has decided that it should.

    So how the judges can be blamed for this is a mystery to me!
    But as you said, all that law allows is for the person to make a claim. It doesn't mean they have to get anything (as far as I am aware).
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    (Original post by Wednesday Bass)
    Agreed. As long as the mother was of sound mind when she wrote the will, the family and the courts have absolutely no right to overturn it.
    Well that would be the point of the case.
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    The one leaving the will is perfectly entitled to do whatever she wishes with her own money. Typical only child. She has no legal right to that money is her mother didn't leave it to her. As I say, typical only child. Throw a tantrum and hope she gets some money?
 
 
 
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