NOTE: To change the image on this slide, select the picture and delete it. Then click the Pictures icon in the placeholder to insert your own image. WILLS & PROBATE PRESENTED BY : HESELWOOD AND GRANT SOLICITORS Sponsored by :

Moral Duty  Duty to dependants  Duty to children  Duty to spouse  Inheritance (Provision for Dependents) Act 1975 Sponsored by: :

The reliance on none provision clauses  Confirms that a beneficiary has not been overlooked or forgotten  Enforces the wish of the testator that the named beneficiary is not to be left anything  Rebuts the presumption of oversight while enforcing the concept of testamentary freedom Sponsored by:

Ilott v Mitson  In this the testatrix did not want to leave anything to her daughter  The daughter had no expectation of an inheritance from her mother  The daughter lived independently but sought relief from her mother’s estate under the Inheritance (Provision for Dependants) Act 1975  Relief has thus far been granted and increased by the Court of Appeal Sponsored by:

The consequences of the case  Even if Supreme Court finds against the daughter the principle of testamentary freedom has been tested – it could be more difficult to simply rule our undesired beneficiaries  If the Supreme Court rules in favour of the daughter the consequences could be far reaching  What is the future of testamentary freedom and what will have to be considered? Sponsored by:y: