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10 Ironmonger Street, Stamford Lincolnshire, PE9 1PL

01780 752 066 01780 762 774 enquiries@hegarty.co.uk

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66 South Street, Oakham Rutland, LE15 6BQ

01572 757 565 01572 720 555 enquiries@hegarty.co.uk

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27a Market Place, Market Deeping, PE6 8EA

01778 230 120 01778 230 129 enquiries@hegarty.co.uk
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  • Q. I have seen that there has been a final ruling in a case involving a charity and a daughter’s claim in her late mother’s estate. What does this outcome mean? A. The Supreme Court has recently ruled in favour of the charities in the case of Ilott v Mitson. In this case the deceased had been estranged from her daughter for many years and left her estate between various charities, leaving her daughter out.Children have a right to make a claim against a parent’s estate under the Inheritance (Provision for Family Dependants) Act 1975 for entitlement to their parents’ estates on death. However, the outcome of this case has shown the court will take a broad brush approach to such a claim and that an adult child’s entitlement should be limited to maintenance only.The court has also stated that providing maintenance does not mean that the child should be entitled to everything that they reasonably need.But the court reasonably did state that the wishes of the deceased should be carefully considered. The daughter was awarded a sum of £50,000 ultimately, despite her mother making no provision for her. This area of law is still very complex and each case will be determined on a fact by fact basis.If this concerns you, you may wish to seek advice from a suitably qualified solicitor.If you would like further advice, please contact Andrea Beesley-Hewitt at Hegarty Solicitors on 01780 750952 or email andrea.beesley-hewitt@hegarty.co.uk

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