In a particularly important judgment for contentious probate, The Supreme Court has today (15 March 2017) handed down judgment in the case of Ilot v The Blue Cross.
The Charities’ appeal from the Court of Appeal was unanimously upheld.
A further more detailed update will follow in due course, but the points which have come out of the judgement are:
- The main question when considering claims under the Inheritance (Provision for Family and Dependants) Act 1975 is whether a Will makes reasonable financial provision for the maintenance of a claimant in all the circumstances.
- These cases cannot be decided by comparing the needs of a claimant with the needs of the chosen beneficiaries. The testator’s choice is still paramount for example, it is significant to consider the long estrangement of a claimant and that the Act’s purpose is not to bestow appreciating capital on a claimant whose needs are that of maintenance.
If you would like to speak to someone on any contentious probate matter, please contact Helen Freely.
This briefing note was posted on 15 March 2017