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Use it, or Lose it: Roberts v Fresco [2017] EWHC 283 (Ch)

The High Court in Roberts v Fresco [2017] EWHC 283 (Ch) has confirmed that claims under the Inheritance (Provision for Family and Dependants) Act 1975 are purely personal and non-inheritable and thus cannot be pursued by a claimant’s personal representatives, following the death of the claimant. That this was so appeared to be fairly well settled based […]

Difficult executors and misdescribed charities

I was very pleased to be invited to Michelmores’ London offices to speak to their charity legacy officer clients on two tricky topics: dealing with difficult executors and the problem of charity misdescription in Wills. My notes from the talk, which set out the toolkit available to the courts in dealing with problem executors and […]

Ilott v Mitson – the final chapter

The Supreme Court handed down judgment in Ilott v Mitson [2017] UKSC 17 yesterday morning and allowed the charities’ appeal, restoring the decision of District Judge Million to award Heather Ilott a lump sum of £50,000 from her mother’s estate – and bringing to conclusion a decade of litigation. The key points to note are: […]