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30 October 2015 / Henrietta Mason , Paola Fudakowska
Issue: 7674 / Categories: Legal News , Wills & Probate
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Will they or won’t they?

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Henrietta Mason & Paola Fudakowska report on some recent wills & probate cases

“Your will can be ignored” screamed The Telegraph after judgment was handed down in the recent case of Ilott v Mitson [2015] EWCA Civ 797, [2015] All ER (D) 290 (Jul) in which the deceased’s daughter was awarded a substantial sum from the deceased’s estate despite an express provision in the will that her daughter should not benefit. The media overstated the issue, but nevertheless the case serves as a reminder of incursions on testamentary freedom available under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). Chekov v Fryer [2015] EWHC 1642 (Ch), [2015] All ER (D) 303 (Jun) provides another example, this time enabling a former wife who had agreed a divorce award on the basis that she could not subsequently claim from her former husband’s estate on death, to do just that, following a period of reconciliation prior to his death.

Chekov v Fryer

Mr and Mrs Fryer divorced in 1981. The divorce order contained

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