Ilott v The Blue Cross & ors [2017] UKSC 17; [2017] WTLR 533 SC – Page 5 – Law Journals

In Practice: Combined forces

Shahida Jogi and Rachel Lim outline how private client and family lawyers can work together ‘It is imperative that all matrimonial clients are advised to make or review their will at their initial appointment.’ Lawyers today must take a collaborative approach in conjunction with their peers and colleagues to provide rounded and holistic advice to …

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Inheritance Act: Competing claims

Yorke Eaton and Christopher Noel examine whether the Supreme Court decision in Ilott v The Blue Cross reinforces the principle of testamentary freedom in financial provision cases ‘I(PFD)A 1975 requires a broad-brush approach from the judge to very variable personal and family circumstances.’ On 15 March 2017 the Supreme Court handed down its judgment in …

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International Trust Law: Disclose or withhold?

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Gillian Coumbe QC discusses a recent case where the New Zealand Supreme Court considered the principles governing disclosure of trust information to beneficiaries ‘There is no absolute right to any trust document. However, where the request is made by a close beneficiary for access to core documents such as the trust deed and accounts there …

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Wills: Value judgment

Ilott v Mitson [2017] misses the chance to clarify financial provision for adult children. Natasha Dzameh discusses the Supreme Court judgment ‘Lady Hale acknowledges that the present law is “unsatisfactory” and that it gives “no guidance as to the factors to be taken into account in deciding whether an adult child is deserving or undeserving …

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Inheritance Act: Planning ahead

Anna Heenan looks at changes to the Inheritance (Provision for Family and Dependants) Act 1975 and the potential use of nuptial agreements ‘Nuptial agreements cannot exclude the jurisdiction of the court in Inheritance (Provision for Family and Dependants) Act 1975 claims but they do have the potential to play a role in pre-empting and defending …

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