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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
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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