The 1975 Act: After Ilott

The Burnside Partnership | Trusts and Estates Law & Tax Journal | September 2021 #226
Tara McInnes reports on a recent decision in the county court that indicates an understanding approach towards an eligible claimant with little provision and financial need The judge was keen to point out that we still have a system of testamentary freedom. To enable the courts to interfere with such freedom, it needs to be …

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Contentious probate: Beyond the grave

Weightmans LLP | Family Law Journal | February 2018 #173
Emma Collins provides a summary of case law developments regarding claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘The charities’ claim was not on a par with that of the claimant, but while the charities’ claim was not based on personal need, they depended heavily on testamentary bequests for their work.’ Family …

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The 1975 Act: Discretion to dispose

Penningtons Manches Cooper LLP | Trusts and Estates Law & Tax Journal | September 2017 #189
Siân Hodgson considers the differing statuses of spouse and cohabitee in claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘While one judge may exercise his or her discretion in a different way from that of another judge (making 1975 Act claims inherently risky), it is the factors which a judge takes into …

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