Family Law Hub

Supreme Court to hear Ilott Inheritance Act case in December

Charities' appeal against award to estranged daughter to be heard 12th December

  • The Supreme Court is to look at the balancing exercise and maintenance standard under the Inheritance (Provision for Family and Dependants) Act 1975 on 12th December. 

    The appeal concerns an estranged daughter who claimed under the Act as her mother's will made no provision for her and instead donated large amounts to charity. In the County Court she was awarded £50,000 but the Court of Appeal raised that to £143,000, an amount that enabled the daughter to buy her housing association home. The respondent charities - The Blue Cross, Royal Society for the Protection of Birds and the Royal Society for the Prevention of Cruelty to Animals - are appealing that decision.

    The panel of Lord Neuberger, Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption, Lord Hughes will consider the following 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 Act.
    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 hearing is listed for one day.

    You can read more on the Supreme Court site here.

News, published: 24/09/2016


Published: 24/09/2016


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