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Posted 8 March 2016
by Martin Laver

Charities to appeal Ilott Inheritance Act ruling

Charities will remember the recent case of Ilott –v- Mitson which we reported on back in July last year.

Mrs Ilott was left out of her mother’s Will and the beneficiaries were 3 animal charities.  Mrs Illott brought an Inheritance Act claim and was awarded a modest sum.  Not believing the award to be sufficient, Mrs Ilott successfully appealed to the Court of Appeal to increase her award and was successful and received £163,000 instead.

Blue Cross, RSPCA and RSPB sought permission to appeal the decision to the Supreme Court (formerly the House of Lords), the highest court.  This week we heard that the Supreme Court has given the charities permission to appeal.

Whilst getting permission to appeal is not itself success, it indicates that the Supreme Court judge believes there is a point of law which need clarifying.

So the legal dispute which has been running for 10 years will rumble on a little longer.

Charities that are beneficiaries faced with this type of claim should bear this appeal in mind because, if the Supreme Court allow the appeal, it is likely to have an effect on the value of any claim.

We don’t know when the appeal will be heard yet.  Watch this space.

If you have any questions regarding this article or have a potential claim of your own contact out Dispute Resolution Solicitors on 01392 207020 or visit us online and fill out our quick contact form which can be found here.



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About the author

Martin Laver

Partner and Solicitor

Partner in the commercial litigation team specialising in disputed trusts and Wills