header-logo header-logo

Puzzling times

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll