In 2015 I commented on the above case. At the time, I confirmed that despite the decision by The Court of Appeal to dismiss a Testator’s perfectly valid Will in favour of charity and award her estranged daughter, Mrs Ilott, approximately £160,000, that this decision did not affect succession law here in Scotland.

This week the Supreme Court overturned the Court of Appeal’s decision after the charities appealed and the original settlement of £50,000, made by a District Court, was reinstated.

This decision by the Supreme Court reaffirms that we are all free to choose who will benefit when we die.  In Scots Law, with the exception of a few caveats, we are generally entitled to bequeath our estate to whomever we please, however we do have the doctrine of Legal Rights in Scotland, which does allow for an alternative means by which a disinherited spouse or child may make a claim against an estate.

Legal Rights should always be considered and appropriate advice sought from us about the impact they could have against your estate.

If you would like us to review your affairs or if you have any questions in general, please contact our expert Private Client team and we would be delighted to help.


Posted by
Nikki Dundas


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