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28 March 2019 / Constance McDonnell KC
Issue: 7834 / Categories: Features , Wills & Probate
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‘I don’t want my child to have a penny!’

How does testamentary freedom fit into recent decisions in 1975 Act claims? Constance McDonnell QC explains

  • There is no suggestion in post-Ilott cases of any form of presumption that testamentary wishes will prevail.

Now that the dust has begun to settle since the initial and occasionally volcanic reactions to the Supreme Court’s decision in Ilott v The Blue Cross  [2017] UKSC 17 in March 2017, it seems like a good moment to review how trial judges and (on one occasion) the Court of Appeal have treated testamentary freedom in non-spousal claims under the Inheritance (Provision for Family and Dependants) Act 1975. Practitioners will recall the press headlines on the day of the judgment and during the following weeks trumpeting a triumph for testamentary freedom, which may have caused some concern for prospective claimants, but can claimants now be heartened by recent decisions?

It is worth setting the scene by noting two key points. First, there has always been something of a tension between on the

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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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