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11 September 2015 / Brie Stevens-Hoare KC
Issue: 7667 / Categories: Features , Wills & Probate
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Brie Stevens-Hoare QC considers adult children, charities & state benefits in the wake of the Ilott decision

Adult children and how to deal them, or at least their claims under the Inheritance (Provision for Family and Dependants) 1975, has been a vexed topic for 25 years. Has it finally been resolved by the Court of Appeal in the second decision in Ilott v Mitson [2015] EWCA Civ 797, [2015] All ER (D) 290 (Jul)?

The 1938 predecessor legislation allowed children under 21 or subject to a physical or mental disability to apply. Parliament elected in the 1975 legislation to include all children without distinction. However it seemed for a long time the old distinctions survived. The Coventry decision in 1980 was frequently used to argue adult children had additional hurdles to clear. The Court of Appeal has been consistent in saying that legally the position of adult children is no different to that of other applicants; see Re Hancock (dec’d) [1993] 1 FCR 500, Espinosa v Bourke [1999] 3 FCR 76 and the first Ilott

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Charles Russell Speechlys—Matthew Griffin

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NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
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James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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