Ilott v The Blue Cross and others

Ilott v The Blue Cross and others

The District Judge did not err in principle or law; he properly assessed the relevant statutory factors, including estrangement, financial need, and impact on benefits, and made a reasonable award for maintenance. The Court of Appeal's criticisms were unfounded and its order should be set aside.

Parties
Respondent: Ilott; Appellants: The Blue Cross and others
Jurisdiction
England and Wales
Judgment Date
15 March 2017
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed; Court of Appeal order set aside; District Judge's order restored.
Legal Topics
Testamentary Freedom, Family Provision, Inheritance, Maintenance, Estrangement, Charitable Beneficiaries
Succession Family Law Testamentary Freedom Family Provision Inheritance Maintenance Estrangement Charitable Beneficiaries

Case Brief

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Parties

Ilott

Respondent

The Blue Cross and others

Appellants

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the deceased's will failed to make reasonable financial provision for the claimant under the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 Whether the District Judge erred in principle or law in his assessment of reasonable financial provision
  3. 3 Impact of estrangement and claimant's financial circumstances on the award

Ratio Decidendi

The District Judge did not err in principle or law; he properly assessed the relevant statutory factors, including estrangement, financial need, and impact on benefits, and made a reasonable award for maintenance. The Court of Appeal's criticisms were unfounded and its order should be set aside.

Court Disposition

Appeal allowed; Court of Appeal order set aside; District Judge's order restored.

Orders

  • District Judge's award of £50,000 to Mrs Ilott reinstated.
  • Court of Appeal's award of £143,000 plus £20,000 option set aside.