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The end of the Ilott saga: A victory for testamentary freedom

Chris Millward assesses the impact of the recent Supreme Court ruling on charities and donors

3 May 2017

Last month saw the conclusion of Ilott v The Blue Cross and others [2017] UKSC 17, a case which has lasted more than a decade, as the Supreme Court handed down its ruling, finding unanimously in favour of the charity appellants.

This was a significant moment for many across the charity and legal sectors, not least because of the intense media interest around the saga. This was the first time a case on the Inheritance (Provision for Family and Dependants) Act 1975 had come before the Supreme Court, so all eyes were on the judgment and what it would say about the principle of testamentary freedom.

It’s likely there was a collective sigh of relief among those in the charity sector as the judgment was handed down, when it confirmed very clearly that it is in general a person’s right to choose how we dispose of our assets after we die. Indeed, the Supreme Court’s decision ...

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