• March 29, 2024
 Ilott v Mitson: Impact in practice

Ilott v Mitson: Impact in practice

In the wake of the charities appeal being allowed, the Ilott v Mitson judgement has gathered varying opinions from those in the Wills and Probate Sector.

Following the ongoing legal battle, the ruling from the Supreme Court had been eagerly anticipated; a judgement set to dictate how challenges under the Inheritance Act 1975 would be dealt with in future.

The case centred on a woman (Ilott) who had been written out of her mother’s will, with the estate being left to numerous charities.

Having appealed under the Inheritance (Provision for Family and Dependants) Act 1975, Mrs Ilott was awarded £50,000 by a District judge. However, contesting that the sum was not enough, she then went to the Court of Appeal who granted her a further £163,000.

The charities sought to challenge this award and in a unanimous judgement, the Supreme Court allowed their appeal in a decision handed down yesterday (15/03/17).

Although the decision has been long awaited, the gravitas of the ruling in practice has been questioned.

Commenting on the judgement encouraging confidence in wills was Nigel Walker-Jennings. The In-House Counsel & Director at the Legal Services Guild stated: “To a large extent this case has reinforced what any competent legacy adviser knows; that no one can be totally confident that a simple Will is enough to fully secure their wishes.  The fact that challenges to executors of a deceased person’s estate have increased by over 300% seems to suggest advisers are facilitating the actions based on a strong prediction that success is possible.”

Considering the practical impact of the decision, Mr Walker-Jennings then went on to state: “..it has always been the case that a person’s Will can be challenged, and it has always been the case that a large proportion of challenges end up with a settlement of some kind.  That is usually because of the potentially high legal fees that the executors involved in fighting a challenge could be saddled with, and personally liable for.  Someone, somewhere will also be out of pocket from the costs of this case and what we mustn’t lose sight of is the fact that this lady categorically didn’t want her daughter to have any of her assets, took advice and action but didn’t get what she wanted.”

He concluded by highlighting the importance of having appropriate plans in place, stating that in this case, it may have resulted in a different outcome where the charities’ legacy was concerned.

“We should also note that proper planning, possibly involving a well-drafted trust, reinforced by comprehensive legal defence insurance, could have seen a very different outcome in regards to this legacy.”

 

Georgia Owen

Georgia is the Senior Content Executive and will be your primary contact when submitting your latest news. While studying for an LLB at the University of Liverpool, Georgia gained experience working within retail, as well as social media management. She later went on to work for a local newspaper, before starting at Today’s Wills and Probate.