header-logo header-logo

25 March 2022
Issue: 7972 / Categories: Features , Wills & Probate
printer mail-detail

Inheritance Act claims: A high bar for adult children?

75711
How does the court approach the issue of adult children who claim a will fails to provide for them? Myles McIntosh reports
  • In Miles and another v Shearer [2021] EWHC 1000 (Ch), two adult children brought separate claims for financial provision under the Inheritance (Provision for Family & Dependents) Act 1975.

The case of Miles and another v Shearer [2021] EWHC 1000 (Ch), which gathered significant press interest, recently looked at the increasingly common scenario of adult children bringing separate claims for financial provision. The case provides a detailed analysis of the approach the court will take into account when considering these types of claims.

Juliet Miles and Lauretta Shearer (‘the claimants’) brought claims, as the adult daughters of the late Anthony Shearer who died in 2017, against his estate. They both sought orders that their father’s will (prepared in 2015) failed to make reasonable financial provision for them.

The claimants were the children from Mr Shearer’s first marriage. That marriage was dissolved in 2007 after 34 years.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll