header-logo header-logo

Illot v Mitson: Charity begins at home

28 July 2015
Issue: 7663 / Categories: Legal News
printer mail-detail

Lawyers have given a mixed reaction to a Court of Appeal decision to override a will that left an entire estate to animal charities and nothing to the deceased’s child.

Heather Illot’s mother, Melita Jackson, died in 2004 leaving a legacy of £486,000 to animal charities. The pair had been estranged since Illot left home at 17 to marry her husband, with whom she went on to have five children. 

Mrs Jackson—who had no connection with the charities during her lifetime—was described in court as acting in an “unreasonable, capricious and harsh” way to her only daughter.

Illot, who was represented pro bono and lives in “straitened” circumstances with her husband, sought an award for “reasonable financial provision” under the Inheritance (Provision for Family and Dependants) Act 1975.

The RSPB and RSPCA argued that Illot’s income needs were already met by state benefits and she should be awarded no more than £3,000-£5,000.

However, the Court of Appeal held that she should receive £164,000, which would allow her to buy her own home and have £20,000 left over, in Illot v Mitson [2015] EWCA Civ 797.

Samantha Ewing, associate at Thomas Eggar, says: “The ruling potentially means that the right of testamentary freedom in England and Wales, to leave your estate to any person you wish, will be diminished as the doors have been opened wider for estranged children to claim from their parents’ estates even where they were held jointly responsible for the failure of reconciliation (as in this case).  

“The clear warning to those making wills is that while testamentary freedom still exists, wills which appear spiteful or unusual in excluding those who may have expected to inherit may now be much easier to attack.”  

However, Stephen Richards, partner at Withers, disagrees: “This judgment is not as ground-breaking as the press suggests, it concerns a specific point on appeal and does not introduce a wholesale change as has been suggested. The case is fact specific.”

 

Issue: 7663 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll