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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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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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