In the case of Ilott v Mitson the Court of Appeal commented that the charity defendants did not show that their resources and needs ought to be taken into account when it came to the Court determining the Claim. The Court, therefore, assumed that any monies the charities received would be a windfall. In light of this and subsequent case law is it beneficial for charities to put forward a needs based defence to an Inheritance (Provision for Family and Dependants) Act 1975 claim?
Has the current Covid context led to charities being in greater need and altered the position regarding needs based defences from charities?
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