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Ilott: Testamentary freedom restored?

The Supreme Court ruling in Ilott isn’t as clear cut as it might appear, although it does provide some elements of guidance, says Peter Hopkins

16 March 2017

‘Daughter loses fight to overturn will’ was one of the many misleading headlines that popped up following yesterday’s Supreme Court ruling in Ilott v The Blue Cross and Ors [2017] UKSC 17. Heather Ilott did overturn the will, and it remained overturned – just not by as much as the Court of Appeal awarded her.

Melita Jackson was determined that her daughter should get nothing, but in the end Mrs Ilott got £50,000 and a private deal with the appellant charities, which is referred to in paragraph 48 of the judgment – ‘some arrangement has...

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