You are here

Ilott: A tale of two stages

The decision to allow an appeal to the Supreme Court raises questions about what constitutes 'reasonable financial provision' in claims under the Inheritance Act 1975, writes John FitzGerald

19 April 2016

The concept of testamentary freedom and potential challenges to wills hit the legal headlines once again this year when in March the Supreme Court granted a group of charities permission to appeal last year's well-publicised Court of Appeal decision in
Ilott v Mitson [2015] EWCA Civ 797.

The decision to allow the appeal is clearly important, and no doubt the outcome will be much anticipated. There is, however, a limit to its importance and its effect on future claims of this nature.

Reasonable financial provision

Ilott involves a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Under the Act, certain categories of persons (including children, spouses and former spouses, and dependants of the deceased) are able to apply to the court for provision from the deceased's estate where the will (or the intestacy legislation) does no...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.