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Ilott v Mitson: Is it ever possible to prevent an attack on a client's will?

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Readers may have seen a spate of press reports of the case of Ilott v Mitson, which was heard by the Court of Appeal in July last year. The case generated significant controversy which centred around an estranged daughter's claim for financial provision from her mother's estate, which was successful despite the fact that her mother wanted all of her assets to pass to a number of charities. Last week the Supreme Court indicated that the charity beneficiaries have been given permission to appeal the judgment. 

Ahead of the Supreme Court hearing, we consider what steps a client (and their professional advisers) can take to minimise the risk that their Will could be attacked after death. 

Please click here to read the briefing in full. 

If you require further information on anything covered in this briefing please contact Adam Carvalho, Richard McDermott ([email protected]; +44(0)20 375 7229) or your usual contact at the firm on 020 3375 7000. Further information can also be found on the Private Wealth page on our website.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, March 2016

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About the authors

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Richard McDermott

Partner

Richard specialises in all aspects of UK trust law, wills, tax and estate planning, as well as complex international probate matters. He has particular expertise in advising on mental capacity issues, working to protect vulnerable people who may be affected by mental illness, addiction and/or dementia, and advising financial institutions on issues linked to their clients’ mental capacity.

Richard specialises in all aspects of UK trust law, wills, tax and estate planning, as well as complex international probate matters. He has particular expertise in advising on mental capacity issues, working to protect vulnerable people who may be affected by mental illness, addiction and/or dementia, and advising financial institutions on issues linked to their clients’ mental capacity.

Email Richard +44 (0)20 3375 7229
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