Ilott v Mitson and others – WLR Daily

Posted April 4th, 2011 in appeals, law reports, wills by sally

Ilott v Mitson and others [2011] EWCA Civ 346; [2011] WLR (D) 119

“Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. There was no obligation to balance the section 3 factors at that stage nor to explain why the combination of those factors led to a conclusion that no provision was unreasonable; what mattered was that the decision, taken as a whole, explained the conclusion reached.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

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