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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll