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INHERITANCE ACT: Competing claims

12 May 2017  

Yorke Eaton and Christopher Noel examine whether the Supreme Court decision in Ilott v The Blue Cross reinforces the principle of testamentary freedom in financial provision cases

On 15 March 2017 the Supreme Court handed down its judgment in Ilott v The Blue Cross [2017]. The case involved a daughter’s long estrangement from her mother, a bitter family feud and a residuary bequest leaving the mother’s estate to charities. The Supreme Court unanimously allowed the charities’ appeal and overturned the previous decision of the Court of Appeal (Ilott v Mitson [2015]), reinstating the judgment at first instance and the award of £50,000 to the claimant (Ilott v Mitson [2014]). The Court of Appeal had substantially increased the award, which had surprised many observers.

Additional Info

  • Case(s) Referenced:

    Ilott v The Blue Cross & ors [2017] UKSC 17

    Ilott v Mitson [2014] WTLR 575; [2015] WTLR 1399

Last modified on 12 May 2017