# Charities to appeal Supreme Court in inheritance dispute

- Link: https://fundraising.co.uk/2016/03/09/charities-receive-permission-to-appeal-supreme-court/
- Published: 2016-03-09T09:00:35+00:00
- Author: Melanie May

**[Blue Cross](https://www.bluecross.org.uk/), RSPB and RSPCA have been given permission
to appeal the Court of Appeal’s 2015 decision to award £163,000 of a charitable 
estate to the legator’s daughter.**

The money was awarded to Mrs Heather Ilott who challenged the will of her mother,
Mrs Melita Jackson. This is the first time the Supreme Court will be asked to consider
the provisions of the Inheritance (Provision for Family and Dependants) Act 1975.

According to a Supreme Court statement, the majority of the deceased’s estate was
left to the three charities in her will, which made no provision for her only child,
Mrs Ilott, following an estrangement. Mrs Ilott made an application under the Inheritance(
Provision for Family and Dependants) Act 1975 for reasonable financial provision
from her late mother’s estate and was awarded the sum at the Court of Appeal.

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James Aspden, head of contentious trust and probate at Wilsons, which represents
the charities said:

> “The Supreme Court will only hear an appeal in exceptional circumstances, where
> the issues it raises are of general public importance. The charities are delighted
> to have been given permission to do this so that the Supreme Court can provide
> essential guidance on the scope of the court’s powers under the Inheritance Act,
> and clarify the other important issues this case has highlighted.”

The Supreme Court is likely to hear the case in early 2017.

Remember a Charity has also welcomed the decision. Its chair Alex McDowell said:

> “The potential impact of a lost legacy can be considerable for charities who are
> both duty bound to defend their legal entitlements and who rely on the kindness
> of individuals who have chosen to donate through their will. Contested wills are
> becoming more common, so it is important to minimise doubt and reduce the likelihood
> of a legal battle by encouraging donors to seek professional advice and for any
> legacy donations to be well documented.”

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