header-logo header-logo

19 May 2017 / Martin Mears
Issue: 7746 / Categories: Features , Wills & Probate
printer mail-detail

Puzzling times

nlj_7746_mears

Has the judgment in Ilott muddied the waters regarding an adult child’s claim under the Inheritance (Provision for Dependents) Act 1975, asks Martin Mears

  • Following Ilott, the general principles laid down in Re Coventry and the decided authorities concerning the exercise of discretion in Inheritance Act cases remain good law.
  • The guidelines given in the decided cases are not consistently applied—as they were not by the Supreme Court itself.

The long awaited decision of the Supreme Court in Ilott v The Blue Cross and Others [2017] UKSC 17, [2017] All ER (D) 96 (Mar) has been received with little enthusiasm. In the words of one academic commentator: ‘Those advising beneficiaries facing claims will find little to help them weigh their chances of success.’ Is this true? And if it is, could their lordships have done a better job?

The facts

The facts of the case are well known. Melita Jackson died leaving a net estate of around £486,000, the bulk of which was left to various animal charities. She had one child (the claimant), Heather

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll