Category Archives: Inheritance Act claims

Taking a slightly longer view than the last 12 months, there have been a number of interesting 1975 Act decisions since the Supreme Court’s decision in Ilott v Mitson [2017] UKSC 17. Whilst each case turns on its own facts, it is interesting to compare the decisions in Ball v Ball and in Nahajec v Fowle, both featuring […]

There are very few reported decisions on the approach to be taken to claims under the Inheritance (Provision for Family and Dependants) Act 1975 by minor children – most likely for a couple of reasons, it is unusual for people to fail to make provision for minor children and, where someone does fail to make […]

HHJ Jarman QC sitting in the High Court has given judgment on a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“IPFDA”) on a claim brought by the deceased’s cohabitee: Thompson v Ragget & Ors [2018] EWHC 688 (Ch) The decision is of particular interest as HHJ Jarman considered […]

On the heels of the Supreme Court judgment in Ilott v Mitson, we have two recent cases of interest concerning claims under the Inheritance (Provision for Family and Dependants) Act 1975 that follow and apply the dicta of the Supreme Court in Ilott: Ball v Ball [2017] EWHC 1750 (Ch), a decision of Judge Paul Matthews sitting […]

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 […]

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: […]