In a series of recent interviews, Sir Elton John has made a public announcement that he plans to leave only a small portion of his £200m fortune to his two children, Zachary and Elijah.
His reasoning behind this decision is rooted in a desire for his children to understand the true worth of money and develop a strong work ethic as they grow older.
While many people may applaud Sir Elton John’s intention, especially parents raising children in privileged households, it raises the question of whether his children might challenge this arrangement in the future.
Disputes over wills and estates are becoming more common, and the current law generally does not allow individuals to contest a will solely on the grounds of unfairness.
Traditionally, a person’s wishes and intentions are taken into consideration, particularly if they have clearly expressed their rationale in a will, which is likely the case for Sir Elton John.
However, a long-standing court case, Illott v Mitson, demonstrated a situation where the testator’s explicit intention to disinherit her daughter was completely overturned by the Court of Appeal, resulting in the daughter being awarded approximately one-third of her mother’s estate.
This week, the charities named as beneficiaries in the will have been granted permission to appeal this decision in the Supreme Court.
This case has opened the door for adult children to make claims against their parents’ estates, even when the parents’ reasoning seems clear and justifiable.
This shift away from prioritizing a testator’s intentions and towards determining fairness marks a significant change in the landscape of inheritance disputes.
As a specialist in these types of cases and a member of the Association of Contentious Trusts and Probate Specialists, I handle numerous cases similar to Illott v Mitson, representing both claimants and estates defending against claims.
As this case continues to unfold, the inheritance dispute landscape may evolve further, and I eagerly await the Supreme Court’s ruling in the future.
If you are considering making a claim against someone’s estate, it is crucial to seek expert legal advice as early as possible.
The time limit for bringing certain types of claims is short, and delaying could result in losing the opportunity to pursue your claim.
For a fixed fee of £79.95, you can arrange a 30-minute appointment with me either over the phone or in person, depending on your preference.
Prior to the appointment, we will gather some details from you, and during our discussion, I will outline your case and present your available options.
If your case is one that we can assist you further with, we can explore funding options, including the possibility of a “no win no fee” agreement, depending on the circumstances of your case.
