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Testamentary freedom – has Ilott made any difference?

18th September 2017 by Rob Kelly

Categories: What's New?

Following a 10 year lengthy legal battle, the Supreme Court unanimously overturned a six figure sum awarded to a woman who was left out of her estranged mother’s will after three charities appealed the decision.

The case involved a claim by Heather Ilott (Ilott v The Blue Cross and ors [2017] UKSC 17) against the estate of her mother, Melita Jackson.  Heather Ilott left home in the night to go and live with her boyfriend, Nick.  She was aged 17 and had lived with her mother for the whole of her life.  She left no note and when her mother found out where she had gone she refused to have anything to do with her, a position which largely subsisted for the next 26 years.  Before her death, Melita made a will.  She left her estate to three charities and prepared a letter which explained why she had made no provision for Heather.  She asked her executors to fight any claim her daughter might make.

Heather did make a claim against Melita’s estate and so began a lengthy litigation process as follows:

  1. The district judge found that Melita’s will did not make reasonable financial provision for Heather and awarded her £50,000. [2007]
  2. Heather appealed that decision seeking a larger award and the charities cross-appealed seeking an order that the claim should fail completely. The charities’ cross-appeal was heard first and was successful so the court did not rule on Heather’s appeal.  Heather’s award of £50,000 was overturned.  [2009]
  3. Heather brought a second appeal, against the charities’ successful appeal. The Court of Appeal allowed Heather’s appeal and restored the original award of £50,000.  [2011]
  4. Heather appealed a second time to the Court of Appeal, this time against the original award of £50,000. The Court of Appeal allowed the appeal and re-evaluated the claim and awarded Heather £143,000 to buy the home she lived in, and an option to receive £20,000 in one or two instalments  (so as to avoid affecting Heather’s benefits entitlement).  [2014]
  5. The charities appealed to the Supreme Court, which reinstated the award of £50,000 made by the district judge (way back on 2007). [2017]

How might the Supreme Court’s decision impact on you?

The Supreme Court’s judgment confirms that testators are free to choose who inherits their estate when they die, subject always to legitimate claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Adult children still fall within the classes of persons who are eligible to bring a claim for financial provision, for their maintenance, under the act.  That has not changed.

Perhaps the most significant aspect of the judgment is that more significance is likely in future to be given to granting such claimants a life interest in property, where appropriate, rather than ordering a lump sum payment.  That option has always been there but the Supreme Court’s judgment has strongly endorsed the use of that option in cases of adult child claimants.

If you would like further information please contact Rob Kelly.

Rob Kelly

Senior Associate — Dispute Resolution

Direct dial: 01202 377871


Rob Kelly
  • “A first choice for truly contentious Litigation in Automotive and Asset Finance and Leasing. His pure skill in tricky work wins through time and again and adds real value compared with the so called 'top tier' litigators. Truly capable, amenable and commercially minded business partners, the 'master chessmen' of their specialty.”

    Paul Maxted, previously the In house Legal Adviser and Company Secretary nearly 20 years, all Financial Services related companies in UK for Daimler, Mercedes-Benz

  • “I have had the pleasure of working with several members of the team at Laceys regularly over a period of years. I found Rob Kelly in particular, who worked on a successful litigation case for me over a period of several years to be outstanding in all aspects of the work he undertook, and the manner in which he did it. I now consider him a friend. I would not - and have not - hesitated to recommend Laceys to my family and friends, and continue to use them for all legal matters.”

    Dan Collins

  • “ I just wanted to thank you for your great work on the professional negligence case and other cases you have represented Indian Ocean and Tiien through the last few years.”

    Mehdi Vahdati, Director and Proprietor - Indian Ocean (Bournemouth) Limited

  • “I've worked with a fair few lawyers over the years and Rob Kelly is the most on the ball and efficient lawyers I've ever come across. I'm looking forward to working together for many years to come.”

    Roger Woodall, CEO - Diamond Sporting Group

Rob is an Associate Member of the Chartered Institute of Legal Executives (September 2009).  Rob also holds an LLB (Hons) degree in law.  He successfully completed training as a mediator under the ADR Chambers / Harvard Law Project Scheme and was one of the first mediators to have been appointed an IMI Certified Mediation Advocate in the UK with a commercial practice.

Rob specialises in dispute resolution through litigation, arbitration and mediation, with particular emphasis on contractual disputes, claims involving allegations of professional negligence (which he has prosecuted on behalf of commercial and private clients and defended on behalf of insurers, re-insurers and Lloyd’s syndicates). He is regularly instructed in connection with substantial disputes involving contractual, professional negligence, contentious probate issues.  Rob also deals with contentious property and landlord and tenant issues.

Rob’s style is a mix of listening, asking (tough) questions, diplomacy and reality testing. He’s interested, flexible, and pragmatic. He offers a common sense, realistic approach to assist his clients in searching for solutions to their disputes and brings straight talking and integrity to his work.

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