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The continuing saga of Ilott v Mitson – now set to be heard in the Supreme Court

Peter Levy, Consultant Solicitor in Astle Paterson’s Wills and Probate Department discusses the latest developments on a decision of the Court of Appeal of Ilott v Mitson which caused concern that the fundamental principle that you can choose who should benefit from your estate on death had been undermined.

Peter said “In the case of Ilott v Mitson, the late mother, Melita Jackson, left her full estate to four charities.    However, the Court of Appeal effectively overturned Melita’s wishes as set out in writing in her Will and awarded Melita’s daughter Heather, £163,000.00 from her mother’s estate.

Although the decision of the Court was extremely case specific, it did nevertheless cause concerns as to whether a person’s wishes set out in their Will would be honoured on their death.”

Peter continued “The Charities, who were the beneficiaries under Melita’s Will, have now been granted permission to Appeal the Order at the Supreme Court.

The Supreme Court are to consider not only the question of whether it was reasonable for the Court of Appeal to overturn the original award, but also the decision to structure the payment of the awarded amounts in such a way that Heather would still be able to claim state welfare benefits.”

Peter concluded “The continuing saga, emphasises the importance of seeking professional legal advice when making your Will or planning for your future, to ensure that any potential claims against your estate on your death can be explored and appropriate advice can be given as to how best achieve your wishes.”

Should you wish to make a Will, then please contact Peter Levy of Astle Paterson’s Wills & Probate department who will be able to assist you. 

Please contact Peter on either 01283 531366 or by way of email at plevy@astlepaterson.co.uk.

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