How does testamentary freedom fit into recent decisions in 1975 Act claims? Constance McDonnell QC explains
- There is no suggestion in post-Ilott cases of any form of presumption that testamentary wishes will prevail.
Now that the dust has begun to settle since the initial and occasionally volcanic reactions to the Supreme Court’s decision in Ilott v The Blue Cross [2017] UKSC 17 in March 2017, it seems like a good moment to review how trial judges and (on one occasion) the Court of Appeal have treated testamentary freedom in non-spousal claims under the Inheritance (Provision for Family and Dependants) Act 1975. Practitioners will recall the press headlines on the day of the judgment and during the following weeks trumpeting a triumph for testamentary freedom, which may have caused some concern for prospective claimants, but can claimants now be heartened by recent decisions?
It is worth setting the scene by noting two key points. First, there has always been something of a tension between on the one hand the recognition by the law of England and Wales
