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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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