header-logo header-logo

Home Login E-newsletter About us
30 October 2015 / Henrietta Mason , Paola Fudakowska
Issue: 7674 / Categories: Legal News , Wills & Probate
printer mail-detail

Will they or won’t they?

© Copyright LexisNexis 2026. All Rights Reserved.
web_mason_1

Henrietta Mason & Paola Fudakowska report on some recent wills & probate cases

“Your will can be ignored” screamed The Telegraph after judgment was handed down in the recent case of Ilott v Mitson [2015] EWCA Civ 797, [2015] All ER (D) 290 (Jul) in which the deceased’s daughter was awarded a substantial sum from the deceased’s estate despite an express provision in the will that her daughter should not benefit. The media overstated the issue, but nevertheless the case serves as a reminder of incursions on testamentary freedom available under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). Chekov v Fryer [2015] EWHC 1642 (Ch), [2015] All ER (D) 303 (Jun) provides another example, this time enabling a former wife who had agreed a divorce award on the basis that she could not subsequently claim from her former husband’s estate on death, to do just that, following a period of reconciliation prior to his death.

Chekov v Fryer

Mr and Mrs Fryer divorced in 1981. The divorce order contained

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

Read All
Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
Read All
NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Copyright © 2026 LexisNexis
back-to-top-scroll