Family Will

Resolution of inheritance disputes can be challenging, particularly when parents refuse their children the ability to administer their estate after their passing. Heather Ilott, a daughter of Jackson, is dealing with this problem as a result of her mother's decision to leave her land to organizations like the RSPCA, RSPB, and Blue Cross animal charities rather than to her (Bowcott, 2017). She fought the will in court and was ultimately granted £164,000, but there was no provision in the left for her daughter because everything was given to animal welfare organizations. The Ilott case is an illustration of the difficulties kids have when their parents decide not to include them in their will. Is it reasonable for a parent to leave their property and wealth to charities and not make adequate provision for their children? Do the children have the right to contest the will that does not recognize them as the heirs? Which law protects children who are disinherited by their parents due to disagreements and failed reconciliation? Do the courts have the power to allocate part or the whole inheritance to the disinherited children? Do the charities have the right to go to the Supreme Court to claim the inheritance? Was Ilott justified to challenge the will of her parent?
Rule: There are various laws that apply to the issues raised regarding inheritance or parental property. Ilott's mother acted unreasonably and harshly towards her daughter, thus, the latter was right to claim the inheritance through the courts. The inheritance Act 1975 defines the provision for family in which children are entitled to the property of the deceased parent (Bowcott, 2017). In case, the parent does not make reasonable provision for children maintenance, the latter can apply for an order to be considered for parental wealth. The three charity groups also have a right to appeal the case since they were entitled to the property of the deceased when it was left to them. Countries such as England, Wales, and the US exercise the tradition of testament freedom in which one is free to leave wealth to anyone he/she wishes. However, the inheritance Act 1975 allows some disinherited persons such as children to claim against estates given to other parties such as charities (Douglas, 2014). Under this Act, one cannot prevent a child from being eligible and using the law to claim some property. However, a person can take some steps that can reduce the chances of the claimant's success by accompanying a will with a letter. The letter must clearly explain the reason for excluding a child from the will and the reason one intends the beneficiaries to benefit. However, in countries such as Spain, France, ad Ireland, heirship is fixed since offspring's and spouses possess the legal rights to a fraction of the estates belonging to the deceased.
Analysis: When parents die, the greatest expectation is that their children will be the beneficiaries of their wealth. However, several cases are emerging in which parents are denying some of their children inheritance due to reasons such as disagreements. Ilott decided to claim her inheritance as provided by the law. At first she was awarded £ 50,000 since the judge felt that the mother was unreasonable to deny her the inheritance (Bowcott, 2017). However, this was too little compared to the value of the estate valued at £486,000. Her decision to appeal is justified since as a child she deserves support from her parent. The amount was increased to £164, 000 but giving her more money may eat into the value of the estate. The three charitable organizations that are beneficiaries of the wealth deserve to fight for the inheritance since it was left to them. Although, the 1975 Act provides a child with the right to seek court order in case a will fails to make reasonable provision for maintenance, granting the complainant too much money can lower the value of the estate and make it unprofitable. Since she is a grownup, the court is right to limit the amount of money she gets and the rest should be left to the beneficiaries. The rule to grant her 164,000 pounds is valid and the claimant should be satisfied with the offer. The charities are also justified to seek clarification on any rules contained in the 1975 Act to understand their entitlement and prevent any problems in the future. People need to understand the power of the court in interfering with individual's testamentary wish and making other decisions (Carper, & McKinsey, 2011). The ruling of the case is very vital for adults that have been left out of parent's will since they can challenge it through the courts of law. The case is likely to lead to an increase in inheritance claims filed by adult children and charitable organizations that are beneficiaries.
Conclusion: The decision by the Court of Appeal to increase the amount given to Ilott of 164,000 pounds is justified since she deserves a share of her parent's property. Again, the 1975 Act gives children that have been denied inheritance a chance to claim part of their parents' property. The decision to be given by the Supreme Court for the case filed by the three charitable beneficiaries should not be delayed to help them understand their rights to the property.

References
Bowcott , O (2017). Charities in Supreme Court Test Case over Woman's Inheritance. UK Supreme Court https://www.theguardian.com/law/2016/dec/12/charities-in-supreme-court-battle-to-preserve-womans-inheritance
Carper, D. L., & McKinsey, J. A. (2011). Understanding the Law. Cengage Learning.
Douglas, G. (2014). Family Provision and Family Practices: The Discretionary Regime of the Inheritance Act of England and Wales.


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