header-logo header-logo

17 June 2016 / Giselle Davies , Giselle Davies
Issue: 7703 / Categories: Features , Charities
printer mail-detail

A fatal flaw?

nlj_7703_davies

Is it goodbye to freedom of testamentary disposition, ask Giselle Davies & Bethan Walsh

  • The aftermath of Ilott v Mitson and impact on charities.

The Court of Appeal’s judgment in the case of Ilott v Mitson [2015] EWCA Civ 797, [2016] 1 All ER 932, received widespread press coverage and sparked debate about leaving money to charity to the detriment of family members. Mrs Heather Ilott was estranged from her mother, Mrs Melita Jackson, following Ilott’s elopement with her now husband, almost 40 years before Jackson’s death. Jackson left her entire £500,000 estate to three charities and nothing to Ilott. Following a legal battle lasting several years, and in spite of her mother making it clear that she did not wish her daughter to inherit anything, Ilott was eventually awarded £164,000. The Court of Appeal (CofA) found that Jackson had acted in an “unreasonable, capricious and harsh” manner towards her daughter and Ilott’s personal hardship and family history led the CofA to award her £164,000.

Although the CofA handed down its judgment last year,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
back-to-top-scroll