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27 October 2017 / Steve Evans
Issue: 7767 / Categories: Features , Wills & Probate
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Drafting matters post-Ilott

As the dust settles on Ilott, Steve Evans reflects on what has & what hasn’t changed

  • Freedom of testamentary disposition— what regard is to be had to a deceased’s wishes as forcefully expressed in a written note?

Human interest stories of family squabbles attract media attention, and Heather Ilott’s 13-year legal struggle to receive provision from her estranged mother’s estate certainly excited the media. The litigation culminated in the Supreme Court decision in March of this year in Ilott v The Blue Cross, the RSPB, and RSPCA [2017] UKSC 17, in which the appellant charities succeeded in overturning the Court of Appeal’s award in favour of Mrs Ilott, the estranged daughter of Melita Jackson, who had left all of her estate to animal charities with which she had no particular connection. This was the first time the Supreme Court had considered the Inheritance (Provision for Family and Dependants) Act 1975.

The media coverage—at times superficial, ill informed, and bordering on hysterical—clearly favoured the charities, and placed great significance on freedom of testamentary disposition. An impecunious daughter who

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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