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24 March 2017 / Paul Davidoff
Issue: 7739 / Categories: Opinion , Charities , Wills & Probate
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Charity can begin at home

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Will probate disputes decline in the light of Heather Ilott’s reversal of fortune, asks Paul Davidoff

Does the recent Supreme Court decision in Ilott v Mitson [2017] UKSC 17 now mean that we cannot disinherit our adult children? The answer is now, as it was before: it depends. What we do have is more clarity on how the courts will approach a claim by a disappointed adult child.

In some European countries, children have an absolute right to a share of their parents’ estates. If a parent does not give them the minimum amount prescribed by law, the children have an automatic right to claim it. That is not the case in England and Wales. Here, we may leave our estates to whomever we wish, including charities—no one, not even our partner or children, has an absolute right to any of it.

Despite this freedom, Parliament has decreed that, in some circumstances, we ought to make provision for others and the most recent statutory rules are set out in the Inheritance (Provision for

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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