By Starck Uberoi, June 21st 2017
[Updated August 13TH, 2024]
The Supreme Court recently ruled in favour of charities (Blue Cross, RSPB and RSPCA) in the case of a legacy bequest which was challenged by the donor’s daughter.
The case, which has run for 13 years, had been viewed with interest by charities because it could have had significant negative implications for future donations via people’s Wills. The long-running case of Ilott v Mitson centred on the estate of Melita Jackson who died in 2004. She chose to donate the bulk of her estate to charity. However, her estranged daughter, Heather Ilott, challenged the Will in court.
Mrs Ilott, her only child, was initially awarded £50,000. In 2015, this was increased to £150,000 on appeal to the Court of Appeal. This increase was challenged by the charities who argued that people should be free to choose the beneficiaries of their Will.
The Supreme Court eventually ruled in favour of the charities and Mrs Ilott will receive the original, smaller sum.
This was the first time that the Supreme Court had been asked to consider the provisions of the Inheritance Act 1975. The Supreme Court’s ruling clarifies that charities are not required to justify their position as a beneficiary. The fact that an individual chooses to bequeath money to them, whether they have had a connection with the charity or not, is sufficient. The Court also recognised that members of the deceased’s family do not automatically have any rights to precedence over gifts made to charities in a Will. The Court further recognised that charities do rely on charitable gifts left to them in Wills.
Starck Uberoi, Solicitors & Advocates, UK
