Partner, Geoffrey Kertesz, discusses Ilott v Mitson, which was heard before the Supreme Court on 12 December with BBC Radio 2 presenter, Jeremy Vine and Chris Millward of the Institute for Legacy Management.

‘The Court of Appeal made its decision on narrow grounds and seemed principally concerned with providing Mrs Ilott, who is in straitened financial circumstances, with housing in a manner that preserved her state benefits. The larger, practical implication of the Court of Appeal’s decision is that, irrespective of the relationship between a parent and estranged child, it has become significantly more difficult to disinherit a child.

The Court of Appeal decision seems to have created an ‘Ilott effect’, as we are seeing an increase in Inheritance Act claims brought by adult children and against charitable beneficiaries. Unless the Supreme Court overturns the decision, claims of this nature will only become more common.’

Listen to the recording here: