I share the views on Illott v Mitson reported so cogently by John Hyde.

As a practitioner in the field of wills, the decision is most alarming to me and drives a coach and horses through the whole basis upon which mentally capable testators, acting of their own volition, have the right to deal with their property as they see fit, subject only to those claims which may be later gratified under the Inheritance (Provision for Family and Dependants) Act 1975.

Once a will can be rewritten by a judge based simply upon their subjective feeling as to what is fair and reasonable, where does it all end?

As a result of this decision, executors can no longer feel confident that assets may be distributed in accordance with the terms of a will.

It can only be hoped that the matter goes before the Supreme Court and that the well-established rule of law – and testamentary freedom – is reinstated.

Andrew J Kidd