Family Law Hub

Supreme Court to hear appeal in Ilott Inheritance Act case

Charities to appeal Court of Appeal's decision to make an award under the Inheritance (Provision for Family and Dependants) Act 1975

  • The Supreme Court has granted 3 charities permission to appeal in a case relating to an award under the Inheritance (Provision for Family and Dependants) Act 1975.

    The original claimant, Mrs Ilott, was an estranged daughter who made a claim against her mother's estate. Her mother had left the majority of the estate to the charities. 

    The case eventually came before the Court of Appeal who awarded her a sum to purchase her housing association home, the reasonable costs of the purchase, and payments up to a maximum of £20,000 structured in a way that would allow Mrs Ilott to preserve her state benefits. 

    The charities now appeal to the Supreme Court who will consider whether the Court of Appeal:

    • was wrong to set aside the award made at first instance;
    • erred in its approach to the "maintenance" standard under the 1975 Act; or
    • was wrong to structure an award under the 1975 Act in a way which allowed the respondent to preserve her entitlement to state benefits.

    No date is stated for when the appeal will be heard.

    The Court of Appeal decision and an article on it can be read from the panel on the right.

News, published: 02/03/2016


See also

  • Appeal by daughter in Inheritance Act proceedings where her estranged mother had left her money to cat charities. Appeal allowed, original order set aside for error because the DJ had failed to give reasons for his approach on the issue of maintenance and daughter awarded £163k primarily to buy her house. Judgment, 27/07/2015, free

Published: 02/03/2016


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