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Blessed are the dependants, for they shall inherit the earth (possibly): Ilott v The Blue Cross and Others [2017] UKSC 17

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Date:20 MAR 2017
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Gwyn Evans
Barrister

How easy is it to ensure that the decisions set out in your will as to the destination of your worldly goods are respected and implemented? 

How straightforward is it to ensure that an unfavoured family member does not nonetheless make a claim for financial provision from your estate?

On 15 March 2017 in Ilott v The Blue Cross and Others [2017] UKSC 17 the Supreme Court handed down its first decision about the judicial discretion under the Inheritance (Provision for Family and Dependants) Act 1975 (the I(PFD)A 1975) to make reasonable financial provision for those who do not otherwise stand to benefit from the estate of a deceased person.

What is the I(PFD)A 1975?

The I(PFD)A 1975 enables claims to be brought 'on the ground that the disposition of the deceased’s estate effected by his will or the law relating to intestacy or the combination of his will and that law is not such as to make reasonable financial provision for the applicant'. 

The potential applicants (claimants) can be:

  • spouses / partners (civil or de facto);
  • former spouses and partners;
  • children (including adult children and those treated as children) and...

Read the full article here.

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