Ilott v Mitson: Supreme Court verdict
The outcome of this long running case, by unanimous decision of the Supreme Court, restates the fundamental rule of law that a testator has testamentary freedom.
This judgment has been hotly anticipated as the case concerned an estranged adult daughter who had been disinherited in favour of charities. She succeeded at first instance in receiving an award of £50,000 in respect of a claim under the Inheritance (Provision for Family and Dependents) Act 1975. Unhappy with this award as it would deprive her of her means tested benefits, the claimant appealed and received an increased award of £143,000 for her reasonable financial provision to enable her to buy her house and an option to receive a further £20,000. The charities appealed to the Supreme Court.
The headline question for the court, ultimately, was did the court have the power to interfere with the mother’s decision to disinherit her estranged daughter? In allowing the appeal the Supreme Court emphasised that awards to adult children should be limited to maintenance. The court noted that the legislative choice in this respect had been deliberate and was important. Accordingly, any award is not determined by the applicant’s needs. In determining the assessment of damages, in this case it was noted that the decision made might be coloured by the mother and daughter’s estrangement.
What can we learn from this case?
- Financial provision is an assessment of maintenance not need.
- This is not crystal clear. In fact, Lady Hale noted in her judgment that the present law is unsatisfactory as it lacks guidance as to the factors to be taken into account in deciding if a claimant is deserving, or undeserving, of reasonable maintenance.
- The legislation is not a means to challenge a testator’s testamentary freedom.
Tees are here to help
We have many specialist lawyers who are based in:
Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop's Stortford and Royston
But we can help you wherever you are in England and Wales.
Chat to the Author, Sara Stabler
Senior Associate, Dispute Resolution and Litigation, Cambridge office
Meet Sara- Areas of expertise
- Accreditations
- Testimonials
Legal 500 UK 2024
East Anglia, Cambridge
Sara Stabler is a remarkably thorough and careful solicitor, but also very pragmatic and down to earth.
Legal 500 UK 2024
East Anglia, Cambridge
Sara Stabler is the kind of litigator you want on your side. She specialises in contested probate matters, which, as all lawyers know, are some of the most difficult to resolve. Sara’s approach is unwaveringly client-focused but tempered with a sense of reality and good humour. Her legal acumen is outstanding, and I always immensely enjoy working with her.
Legal 500 UK 2022
Cambridge
Sara Stabler – I was impressed by her approach and knowledge. Someone who knows what they are doing in this area. Approachable, sensible and very client-friendly. I would be happy to recommend clients to her and know they were in good hands.
Legal 500 UK 2022
Sara Stabler is always actively involved and brings a pragmatic and hands-on approach. She is extremely business minded and responsive.
Legal 500 UK 2024
'Sara Stabler is a remarkably thorough and careful solicitor, but also very pragmatic and down to earth'
Legal 500 UK 2023
'Sara Stabler and her team are consistently really strong performers. They have excellent work and it is clear that their clients receive really good service'