header-logo header-logo

15 March 2017
Issue: 7738 / Categories: Legal News
printer mail-detail

Charities win in Ilott

The Supreme Court has ruled against the daughter of a woman who left her estate to animal charities with which she had no connection during her lifetime.

In Ilott v The Blue Cross & Ors [2017] UKSC 17, seven justices unanimously held that the bulk of Melita Jackson’s six-figure estate should go to the charities, as her will stated.

Her daughter, who had been estranged for 26 years and lived in straitened circumstances, had brought a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. She will receive £50,000.

Delivering judgment, Lady Hale surveyed the “unsatisfactory state of the present law, giving as it does no guidance as to the factors to be taken into account in deciding whether an adult child is deserving or undeserving of reasonable maintenance”. She expressed “regret that the Law Commission did not reconsider the fundamental principles underlying such claims when last they dealt with this topic in 2011”.

Jonathan Fowles, of Serle Court, said the judgment would be a “relief for charities”. 

“The Supreme Court recognised their reliance on legacies in wills and that claims under the 1975 Act do affect their interests. The court also acknowledged the significance of Mrs Jackson’s choice of charities, even though she had no connection with them during her lifetime.”

Paul Davidoff, partner at Moon Beever, said: "We now know that, in England and Wales, we can still disinherit our adult children (even in favour of charities), provided that they have enough to support themselves. So, if we intend to disinherit a child, we need to bear in mind their financial circumstances. From the child’s point of view, it does not matter if it was 'unfair' or 'unreasonable' to be excluded from inheriting. What is critical is whether, objectively, the child has enough to live off day to day: this can vary enormously—indeed, the child may have dependents of their own. Of course, a lengthy estrangement or appalling behaviour by a child is bound to affect the amount awarded by a court."

Issue: 7738 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll