Family Law Hub

Supreme Court judgment in Ilott to be handed down next week

Judgment in Inheritance Act case due Wednesday 15 March

  • The Supreme Court will hand down its judgment in the Ilott Inheritance Act case next Wednesday, 15 March.

    The bare facts are that Mrs Ilott made a claim under the Inheritance Act after her late mother left her estate to several animal charities. The County Court initially awarded the claimant £50k but on appeal that was increased to £143k to allow her to buy her house. The charities then appealed to the Supreme Court.

    The Supreme Court has identified 5 issues

    1. Whether the Court of Appeal was wrong to set aside the award made at first instance on the respondent's claim under the Inheritance (Provision for Family and Dependants) Act 1975.
    2. Whether, in deciding to re-exercise the court's discretion to make an award under the 1975 Act, the Court of Appeal erred in taking account of the factual position as at the date of the appeal rather than the date of the original hearing.
    3. Whether the Court of Appeal erred in its approach to the "maintenance" standard under the 1975 Act.
    4. Whether the Court of Appeal was wrong to structure an award under the 1975 Act in a way which allowed the respondent the preserve her entitlement to state benefits.
    5. Whether the Court of Appeal erred in its application of the balancing exercise required under the 1975 Act.

    The judgment will be posted on the Hub as soon as we have it available.

News, published: 09/03/2017

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Published: 09/03/2017

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