header-logo header-logo

Home Login E-newsletter About us
26 April 2012
Issue: 7511 / Categories: Case law , Law reports , In Court
printer mail-detail

Inheritance rights—Statutory next of kin—Right to family life

© Copyright LexisNexis 2026. All Rights Reserved.

Re Erskine Trust [2012] EWHC 732 (Ch), [2012] All ER (D) 03 (Apr)

Chancery Division, Mark Herbert QC, 29 March 2012

The exclusion of adopted children from the definition of “statutory next of kin” in the Administration of Estates Act 1925 by the Adoption of Children Act 1926, s 5 was discriminatory and contrary to the prohibition in Art 14 of the European Convention on Human Rights.

Edward Hewitt (instructed by Veale Wasbrough Vizards) for the trustees. David Rowell (instructed by Veale Wasbrough Vizards) for C and S. Charles Holbeach (instructed by Veale Wasbrough Vizards) for M.

The issue raised in the instant case was the construction of the phrase “statutory next of kin” in an English settlement made in 1948 and the possible retrospective effect of the European Convention on Human Rights (the Convention) on that construction. In 1948, the deceased, DM, made a settlement in respect of which a trust fund worth approximately £3.2m was set up (the trust). The beneficiary

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

Read All
Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
Read All
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
Copyright © 2026 LexisNexis
back-to-top-scroll