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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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