Following the decision in Ilott v Mitson [2015], in which an adult child won an inheritance claim from her estranged mother’s estate, the three charities who were the main beneficiaries of Melita Jackson’s Will have now been given permission to challenge the decision handed down last summer in the Supreme Court.
Charities appeal Ilott v Mitson decision
The Blue Cross Animal Welfare Charity, the RSPB and the RSPCA have decided to mount the challenge to protect the principle that people can choose what they do with their money when they die and argue that the Court of Appeal should not have awarded Mrs Ilott such a large percentage of Melita Jackson’s estate.
The original figure awarded to Mrs Ilott in 2007 was £50,000 out of a total estate valued at £500,000.
This was increased to £160,000 by the Court of Appeal. Mrs Ilott’s financial hardship and limited income were important factors in determining the Court of Appeal’s decision to overturn the provisions contained in the original Will.
The Court of Appeal also commented that there was no connection between Mrs Jackson and the charities, which had no expectation of her generosity and therefore no needs of their own.
In light of this, the charities’ proceedings will seek to clarify the parameters of any claim brought and when the Court can use the Inheritance Act to overturn a person’s Will.
There will inevitably be winners and losers in upholding this concept. The winners will include any number of charities and other causes which are left legacies in people’s Wills. Donations to charities through legacy income run into billions of pounds each year, so there is a lot at stake as far as the charities are concerned.
In the case of adult children, there has also undoubtedly been a gradual shift over the past few decades to make a successful claim under the 1975 Act easier. Charities will therefore be keen for the court to close the floodgates to preserve their legacy income, which has diminished as cases being brought by non-dependent adult children have increased substantially.
If the charities are successful then then the outcome will have an impact on other people bringing claims against their deceased parent’s estates and it may not be so easy for non-dependent adult children to pursue this type of litigation.
The outcome of the appeal by the charities in Ilott v Mitson is awaited.
How Nelsons can help
Kevin Modiri is a Partner in our Dispute Resolution team, specialising in inheritance dispute claims.
If you have any questions in relation to the subjects discussed in this article, please contact Kevin or another member of our expert team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.