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15 March 2017
Issue: 7738 / Categories: Legal News
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Charities win in Ilott

The Supreme Court has ruled against the daughter of a woman who left her estate to animal charities with which she had no connection during her lifetime.

In Ilott v The Blue Cross & Ors [2017] UKSC 17, seven justices unanimously held that the bulk of Melita Jackson’s six-figure estate should go to the charities, as her will stated.

Her daughter, who had been estranged for 26 years and lived in straitened circumstances, had brought a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. She will receive £50,000.

Delivering judgment, Lady Hale surveyed the “unsatisfactory state of the present law, giving as it does no guidance as to the factors to be taken into account in deciding whether an adult child is deserving or undeserving of reasonable maintenance”. She expressed “regret that the Law Commission did not reconsider the fundamental principles underlying such claims when last they dealt with this topic in 2011”.

Jonathan Fowles, of Serle Court, said the judgment would be a “relief for charities”. 

“The Supreme Court recognised their reliance on legacies in wills and that claims under the 1975 Act do affect their interests. The court also acknowledged the significance of Mrs Jackson’s choice of charities, even though she had no connection with them during her lifetime.”

Paul Davidoff, partner at Moon Beever, said: "We now know that, in England and Wales, we can still disinherit our adult children (even in favour of charities), provided that they have enough to support themselves. So, if we intend to disinherit a child, we need to bear in mind their financial circumstances. From the child’s point of view, it does not matter if it was 'unfair' or 'unreasonable' to be excluded from inheriting. What is critical is whether, objectively, the child has enough to live off day to day: this can vary enormously—indeed, the child may have dependents of their own. Of course, a lengthy estrangement or appalling behaviour by a child is bound to affect the amount awarded by a court."

Issue: 7738 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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’
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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