Ilott v Mitson Michael Peter Lane (Personal Representatives of Melita Jackson Deceased) the Blue Cross Animal Welfare Charity Royal Society for the Protection of Birds Royal Society for the Prevention of Cruelty To Animals [2015] EWCA Civ 797 (27 July 2015)

Ilott v Mitson Michael Peter Lane (Personal Representatives of Melita Jackson Deceased) the Blue Cross Animal Welfare Charity Royal Society for the Protection of Birds Royal Society for the Prevention of Cruelty To Animals [2015] EWCA Civ 797 (27 July 2015)

The original award was set aside because the judge failed to give adequate reasons for limiting the award and did not properly consider the effect of the award on the appellant's state benefits, undermining the logic of the order. The Court of Appeal held that reasonable financial provision could only be made by...

Source-derived case information.

Citation
[2015] EWCA Civ 797
Parties
Appellant: Ilott; 1st Respondent: Mitson; 2nd Respondent: Michael Peter Lane (personal representatives of Melita Jackson deceased); 3rd Respondent: The Blue Cross Animal Welfare Charity; 4th Respondent: Royal Society for the Protection of Birds; 5th Respondent: Royal Society for the Prevention of Cruelty to Animals
Jurisdiction
England and Wales
Judgment Date
27 July 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court, Family Division
Outcome
Appeal allowed; original award set aside; new award substituted.
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Reasonable Financial Provision, Maintenance for Adult Child, Effect of State Benefits on Inheritance Awards, Estrangement and Testamentary Freedom
Family Law Succession Law Inheritance (provision for Family and Dependants) Act 1975 Reasonable Financial Provision Maintenance for Adult Child Effect of State Benefits on Inheritance Awards Estrangement and Testamentary Freedom

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Parties

Ilott

Appellant

Mitson

1st Respondent

Michael Peter Lane (personal representatives of Melita Jackson deceased)

2nd Respondent

The Blue Cross Animal Welfare Charity

3rd Respondent

Royal Society for the Protection of Birds

4th Respondent

Royal Society for the Prevention of Cruelty to Animals

5th Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court, Family Division

Legal Issues

  1. 1 Whether the original award of £50,000 for maintenance under the 1975 Act was erroneous in law
  2. 2 Whether reasonable financial provision can be made for the appellant without affecting her state benefits
  3. 3 How to quantify maintenance for an adult child under the 1975 Act

Ratio Decidendi

The original award was set aside because the judge failed to give adequate reasons for limiting the award and did not properly consider the effect of the award on the appellant's state benefits, undermining the logic of the order. The Court of Appeal held that reasonable financial provision could only be made by awarding the appellant the sum required to purchase her home and an additional capital sum, structured to preserve her entitlement to state benefits.

Court Disposition

Appeal allowed; original award set aside; new award substituted.

Orders

  • Award to appellant of £143,000 to purchase her home plus reasonable acquisition costs.
  • Appellant granted an option to receive up to £20,000 additional capital for immediate income needs, exercisable within two months.