Earlier this year we reported on the up and coming Appeal which was due to be heard by the Supreme Court in this case. That Hearing took place on 12 December 2016. The Justices hearing the Appeal will hand down their Judgment early in the New Year.
The original case concerned a claim made by Mrs Ilott against her late mother’s Will which cut her out entirely leaving the majority of her estate to three charities. The court awarded Mrs Ilott £50,000 under the Inheritance (Provision for Family & Dependents) Act 1975 for her reasonable, financial provision. Mrs Ilott appealed that award and the Court of Appeal increased it to £163,000 enabling Mrs Ilott to buy a house and to receive some payments which were structured in such a way that her State Benefits were unaffected by the income.
The charities, who would otherwise have inherited this larger payment, decided to Appeal the Court of Appeal’s decision and this was the Appeal heard by the Supreme Court last month.
The decision of the Supreme Court Justices will be a helpful insight into the way in which the courts should consider applications made by adult children for financial provision from (usually) their parents’ estate. Lawyers are also keen to see how the Supreme Court considers the way the court structured the award so that Mrs Ilott did not lose her State Benefits.
We shall provide an update on the Supreme Court decision as soon as this is handed down.