Ilott v The Blue Cross (previously Ilott v Mitson) – Briefing Note

Judgment was handed down by 7 Justices of the Supreme Court at 9.45am this morning in the landmark case of Ilott v The Blue Cross (previously Ilott v Mitson), the first claim under the Inheritance (Provision for Family and Dependants) Act 1975 ever to be considered at this level.  This case was said by Lady Hale to raise profound questions about the nature of family obligations, the relationship between family obligations and the state, and the relationship between the freedom of property owners to dispose of their property as they see fit and their duty to fulfil their family obligations.  The Supreme Court’s decision is likely to have ramifications for many testators, as well as more directly for litigation under the 1975 Act.

A briefing note on the judgment can be found when you click "download article pdf".

Constance McDonnell of Serle Court was Junior Counsel for the Respondent in the Supreme Court.