The decision by the Supreme Court to agree to hear the appeal of the 3 charities is not surprising, as the impact of this case can have such wide-reaching ramifications for all will drafters.
The scope of the appeal is however quite restricted, so even the outcome of the appeal will not give the clarity which many advisors would prefer.
The charities have now obtained leave to appeal to the Supreme Court. The Supreme Court is to consider whether the EWCA's approach to maintenance – based on whether the claimant's current living standard was sufficient – was wrong. It will also decide whether the EWCA was wrong to structure its award such that Mrs Ilott would keep her entitlement to state benefits.