Ilott v Mitson – Supreme Court decision

The Supreme Court has found unanimously in favour of the charity appellants when considering, for the first time, the scope of judges’ powers under the Inheritance (Provision for Family and Dependants) Act 1975. The ruling confirms our right to choose who will inherit when we die.

ILM has issued a statement in response to the judgement:

We are pleased by the Supreme Court’s decision in the case of Ilott v Mitson which provides welcome reassurance – save in specific and limited circumstances – that donors are free to benefit whom they wish in their will and that those final wishes will be respected.

This ruling has brought clarity after years of confusion and concern for many in the charity and legal sectors.

Donors can now be more confident that having an up-to-date and professionally written will means their final wishes will be honoured, and our members can continue to fulfil these wishes and ensure every charitable legacy gift achieves its greatest potential.

Press coverage

You can read an article in Third Sector, which includes ILM’s statement, here, as well as a further piece for Third Sector subscribers here. There was further coverage in Today’s Wills and Probate and we also had an article published in Civil Society.

Related articles

James Aspden, Partner at Wilsons, who acted for the charities in this case, has prepared a briefing note for ILM members on the implications of the decision, which can be viewed here. Wilsons has also prepared a factsheet which can be accessed via our members only area.

James has also provided an article about the implications of the decision, which you can view here.

You can also view an article by Angela Bowman from Freeths, which examines the judgement in more depth, by clicking here: Freeths article – Ilott v Mitson