No, not Donner and Blitzen… Ilott and Mitson
Last year Ilott v Mitson caused a stir in the world of inheritance act claims. The case will be revisited by the Supreme Court next week. Mrs Jackson left her £486,000 estate to various charities to the exclusion of her only child, Mrs Ilott.
Last year Ilott v Mitson caused a stir in the world of inheritance act claims. The case will be revisited by the Supreme Court next week.
Very briefly, Mrs Jackson left her £486,000 estate to various charities to the exclusion of her only child, Mrs Ilott. Mrs Ilot and her mother had been estranged for some 26 years. Mrs Ilot made a claim on her mother’s estate under the Inheritance (Provision for Family and Dependents) Act 1975 on the basis that she and her family had a very low income and lived on state benefits. In July 2015 the Court of Appeal awarded Mrs Ilot £143,000 to buy a home and extra cash of £20,000.
The case has been criticised for its perceived restriction on testamentary freedom, yet the long established provisions under the Act have always permitted specified individuals, including adult children, to challenge the provisions of a Will on the basis that reasonable financial provision has not been made for their “maintenance”. However, save for spouses, these claims are limited by this maintenance standard.
The Supreme Court will consider the correct approach to this maintenance standard; the hearing due to take place on Monday 12 December 2016. Another update will follow once judgment has been handed down including the implications for both testators and applicants under the Act.
If you wish to make a claim against an estate, or need to defend such a claim, please contact our Probate Disputes Team who can provide expert advice.
Proposals for reform of cohabitation rights on the death of a cohabitating partner
Georgia Sartin, a Solicitor in our Property and Contentious Probate Team explores the government’s recent open consultation ‘a fairer end to relationships’ published on 5 June 2026, , in respect of the proposals for reform for cohabitants in the intestacy framework and 1975 Act claims.
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Who is accountable for maternity safety? The case for a maternity commissioner following the birth trauma inquiry.
The safety of maternity services in England has been under intense scrutiny in recent years, now, a national campaign has been launched for the appointment of a dedicated Maternity Commissioner.
What is the difference between a share sale and an asset sale?
When running a business, company founders and shareholders will inevitably, at one stage or another, want to consider potential succession options, the most prominent being an exit by way of trade sale. Hugo Persad, Trainee Solicitor in our Corporate Team provides an overview of what the difference is between a share sale and an asset sale.
Proposals for reform of cohabitation rights on the death of a cohabitating partner
Georgia Sartin, a Solicitor in our Property and Contentious Probate Team explores the government’s recent open consultation ‘a fairer end to relationships’ published on 5 June 2026, , in respect of the proposals for reform for cohabitants in the intestacy framework and 1975 Act claims.
Who is accountable for maternity safety? The case for a maternity commissioner following the birth trauma inquiry.
The safety of maternity services in England has been under intense scrutiny in recent years, now, a national campaign has been launched for the appointment of a dedicated Maternity Commissioner.
What is the difference between a share sale and an asset sale?
When running a business, company founders and shareholders will inevitably, at one stage or another, want to consider potential succession options, the most prominent being an exit by way of trade sale. Hugo Persad, Trainee Solicitor in our Corporate Team provides an overview of what the difference is between a share sale and an asset sale.
UK GDPR Update: What the Data (Use and Access) Act 2025 Means for Organisations
While several updates under the Data (Use and Access) Act 2025 came into force on 5 February 2026, the next key development for organisations is still to come. From 19 June 2026, organisations will be legally required to implement a formal complaint handling process for data protection matters. This is a significant shift, placing greater emphasis on resolving issues internally before they escalate to the regulator.
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Selling a Probate Property: A Guide for Executors
Acting as an Executor can feel daunting, especially if there is a property which needs to be sold as part of the estate administration process. If you have been appointed as an Executor and you are unsure where to begin, here are some key things to consider.
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Leathes Prior's Personal Injury & Clinical Negligence Team Secure Settlement for Client
Kate Smith (Senior Associate) and Kimberley Nelson (Paralegal) were instructed in relation to a workplace personal injury claim, and successfully secured a five-figure settled for the client.
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New Restrictions to Charitable Giving: What You Need to Know
Changes to UK tax law regarding charitable giving took effect from 6 April 2026. Following legislative amendments in the Finance Act 2025-26, the generous tax exemptions associated with charitable gifts - specifically Inheritance Tax (IHT) exemptions - will be restricted to gifts to UK-registered charities. Ejike Ndaiji, Partner in our Wills, Trusts, & Probate and Charities Team explains...
Employment Rights Act 2026: The New Trade Union Right Of Access - Will it matter?
The Government has now published its response to the “Make Work Pay: Trade Union Right of Access” consultation which means we are now one step closer to properly understanding what these new access rights really will be.
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Spring Statement 2026 - An Overview
With the Government having restricted itself to one fiscal event a year in the form of the Autumn Budget, the Spring Statement is perhaps not the dramatic moment it used to be. It is more a chance for the Government to respond to events and economic forecasts than to set policy for the future.
Charity of the Month: Sue Lambert Trust
Leathes Prior is delighted to be supporting the Sue Lambert Trust as our Charity of the Month for February 2026. Sue Lambert Trust is a leading charity in Norfolk offering free therapeutic counselling and support services to survivors of sexual violence and abuse.
Supreme Court ruling set to impact NHS - Children injured by NHS can claim damages for lifetime lost earnings
In February 2026, the Supreme Court passed a ruling which is set to significantly increase the amount of damages the NHS may have to pay for claims brought in respect of children injured at birth, as a result of medical negligence.
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The Value of Planning Ahead: LPAs & Court of Protection
Putting LPAs in place allows you to choose trusted people to make decisions for you if you lose capacity in the future. This avoids the need for loved ones to make a costly and time-consuming deputyship application to the Court of Protection. With more people likely to experience conditions affecting capacity, more families may need to turn to the Court for support where no LPAs are in place.
