Ilott (Respondent) v The Blue Cross & Others (Appellants)

Judgement today has set aside a previous Court of Appeal decision.

Mrs Jackson made a will excluding her estranged daughter Mrs Ilott and leaving her estate to Charities. Her daughter was aware of Mrs Jackson intentions and that she would not benefit.

The Supreme Court unanimously allowed the Charities appeal. The Court of Appeal order was set aside which had awarded daughter £143,000 to purchase her rented house and a further £20,000 in instalments so she could retain her benefits.

This means the original order of £50,000 by the District Judge to Mrs Ilott will now stand.

Lady Hale in her judgement comments on the unsatisfactory state of the law, as it does not give guidance as to factors to take into account with adult children deserving or undeserving of reasonable maintenance. There is also wide public and judiciary opinion about circumstances in which adult children ought or ought not to claim on an estate.

In conclusion, you should always consider taking professional legal advice in the preparation of your Will.