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17 June 2016 / Giselle Davies , Giselle Davies
Issue: 7703 / Categories: Features , Charities
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A fatal flaw?

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Is it goodbye to freedom of testamentary disposition, ask Giselle Davies & Bethan Walsh

  • The aftermath of Ilott v Mitson and impact on charities.

The Court of Appeal’s judgment in the case of Ilott v Mitson [2015] EWCA Civ 797, [2016] 1 All ER 932, received widespread press coverage and sparked debate about leaving money to charity to the detriment of family members. Mrs Heather Ilott was estranged from her mother, Mrs Melita Jackson, following Ilott’s elopement with her now husband, almost 40 years before Jackson’s death. Jackson left her entire £500,000 estate to three charities and nothing to Ilott. Following a legal battle lasting several years, and in spite of her mother making it clear that she did not wish her daughter to inherit anything, Ilott was eventually awarded £164,000. The Court of Appeal (CofA) found that Jackson had acted in an “unreasonable, capricious and harsh” manner towards her daughter and Ilott’s personal hardship and family history led the CofA to award her £164,000.

Although the CofA handed down its judgment last year,

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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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