Posted: Friday, 4 January 2019 @ 13:43
Further to the Ilott judgment there has been some more analysis which gives some succinct help as to where we stand on inheritance claims by the respected Lesley King in the Law Society Gazette.
Just go to her comment at the end as to why it is difficult to advise clients on the strength or not of an inheritance claim.
As she writes. "Charities will be relieved by the recognition of their right to be considered. The recognition that the testator’s wishes deserve weight will reassure testators. However, the Supreme Court emphasised that in these applications judges make a value judgment and different judges will reach different conclusions. Those advising claimants making and beneficiaries facing claims will find little to help them weigh their chances of success."
In my book what that means that winning these cases attaches the utmost importance not to law and legal precedent, but rather the capacity to understand what makes a judge tick and what factors will sway his or her judgement. It has always been thus but even more so now.