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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll