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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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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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