header-logo header-logo

28 July 2015
Issue: 7663 / Categories: Legal News
printer mail-detail

Illot v Mitson: Charity begins at home

Lawyers have given a mixed reaction to a Court of Appeal decision to override a will that left an entire estate to animal charities and nothing to the deceased’s child.

Heather Illot’s mother, Melita Jackson, died in 2004 leaving a legacy of £486,000 to animal charities. The pair had been estranged since Illot left home at 17 to marry her husband, with whom she went on to have five children. 

Mrs Jackson—who had no connection with the charities during her lifetime—was described in court as acting in an “unreasonable, capricious and harsh” way to her only daughter.

Illot, who was represented pro bono and lives in “straitened” circumstances with her husband, sought an award for “reasonable financial provision” under the Inheritance (Provision for Family and Dependants) Act 1975.

The RSPB and RSPCA argued that Illot’s income needs were already met by state benefits and she should be awarded no more than £3,000-£5,000.

However, the Court of Appeal held that she should receive £164,000, which would allow her to buy her own home and have £20,000 left over, in Illot v Mitson [2015] EWCA Civ 797.

Samantha Ewing, associate at Thomas Eggar, says: “The ruling potentially means that the right of testamentary freedom in England and Wales, to leave your estate to any person you wish, will be diminished as the doors have been opened wider for estranged children to claim from their parents’ estates even where they were held jointly responsible for the failure of reconciliation (as in this case).  

“The clear warning to those making wills is that while testamentary freedom still exists, wills which appear spiteful or unusual in excluding those who may have expected to inherit may now be much easier to attack.”  

However, Stephen Richards, partner at Withers, disagrees: “This judgment is not as ground-breaking as the press suggests, it concerns a specific point on appeal and does not introduce a wholesale change as has been suggested. The case is fact specific.”

 

Issue: 7663 / 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
"There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."
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
back-to-top-scroll