Left out of a will: what Ilott v The Blue Cross actually decided
An adult child’s inheritance claim is not a right to an equal share. Ilott explains why maintenance, circumstances and testamentary wishes need careful analysis.
Being omitted from a will can prompt several different questions: whether the will is valid, whether it has been administered correctly, or whether financial provision can be claimed. They should not be treated as interchangeable.
Jurisdiction discussed: England and Wales. Case: Ilott v The Blue Cross [2017] UKSC 17. Judgment date: 15 March 2017.
What happened and what the Court decided
An adult daughter, long estranged from her mother, sought financial provision from an estate largely left to charities. The Supreme Court allowed the charities’ appeals and restored the original £50,000 award. It considered the maintenance standard applicable to this claim and the relevant circumstances, rather than creating a general entitlement for adult children to an equal inheritance.
What the decision does not settle
The award is not a benchmark for other families, and the case did not invalidate the will. Different categories of applicant and different claims can involve different tests. Cross-border estates and current procedural deadlines require separate checking; do not calculate a deadline from this article.
Preparing for a consultation
- Identify the will, any grant and the correspondence received from the personal representatives.
- Prepare a factual outline of financial needs, resources and any support previously provided.
- Keep documents about the family relationship and estate, while separating what is known from what remains to be confirmed.
Questions to take to a lawyer
- Is the issue financial provision, validity of the will, or administration of the estate?
- What applicant category, legal test and jurisdiction need to be considered?
- Which estate dates and procedural steps should be checked promptly?
To explore the product’s browsing and consultation flow, see how LegalPath works. Check a lawyer’s listed region and practice areas before contacting them; an English blog article does not establish local lawyer availability in the app.
Official sources
Sources checked on 19 October 2026. The press summary assists readers but is not part of the judgment’s reasons. This article is a case-reading note, not advice on an individual matter. Current law, later decisions and any procedural deadlines require separate checking.