Daughter cut out of will loses animal charities legal fight - Immediate comment
Mark Keenan commenting on the Illot v Mitson judgment
"Following this judgment claims by a would-be adult child claimant for provision under the Act will face an uphill struggle, especially where faced with the clear testamentary wishes of the testator in their Will. Establishing a need for maintenance is unlikely to be enough. Where charitable beneficiaries are also involved, this will arguably be made more difficult still.
For charities however, the news is positive. By contrast to the Court of Appeal's previous assertion that any money received by a charity is a "windfall", the positive acknowledgment that a charity need not justify a competing claim to a would-be claimant based on need will undoubtedly be welcome news."
To arrange an interview with Partner Mark Keenan, Trust and Succession legal expert at Mishcon de Reya please contact firstname.lastname@example.org 0207 637 0656