Ilott v Mitson & ors [2014] EWHC 542 (Fam); [2014] WTLR 575 FamD

Inheritance Act: Competing claims

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 ‘I(PFD)A 1975 requires a broad-brush approach from the judge to very variable personal and family circumstances.’ On 15 March 2017 the Supreme Court handed down its judgment in …

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Musings From Manchester: Follow the exit signs?

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Geoffrey Shindler puts his mind to the neglected question of how Brexit would affect the trusts and estates world ‘We may have to accept that what might benefit a testator in the UK and will currently benefit some person in the EU may not be the case if we are no longer in the EU. …

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Inheritance (Provision For Family And Dependants) Act 1975: After Ilott

Miranda Allardice and Ruth Hughes consider the problem of provision for the adult child under s2 of I(PFD)A 1975 ‘While the definition of maintenance may be wide, identifying a need for maintenance does not mean that the same will be satisfied. The important qualifying phrase is “what would be reasonable in all the circumstances of …

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