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18 November 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7723 / Categories: Features , Wills & Probate
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Families at war

Paola Fudakowska & Henrietta Mason report on recent wills & probate disputes

  • Adult children and their possible rights under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Using lack of knowledge and approval as an alternative to lack of testamentary capacity in challenging the validity of a will.

There is no doubt that the press interest in the long running litigation in Ilott v Mitson has resulted in a considerable increase in enquiries by adult children as to their possible rights under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). While we await the Supreme Court’s decision (the case is due to be heard in December), the law is in a state of flux.

Nevertheless time marches on and decisions continue to be made. One such case is Ames v Jones [2016] EW Misc B67 (CC) which sees a failed application by Danielle, the adult daughter of the deceased, for provision from her father’s estate. Danielle argued that the will, which had left the entire estate to the deceased’s

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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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