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13 October 2011 / Araba Taylor
Issue: 7485 / Categories: Features , Wills & Probate , Family
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Left out in the cold

Araba Taylor considers inheritance claims by adult children

“The finest inheritance you can give to a child is to allow it to make its own way, completely on its own feet,” said dancer Isadora Duncan. Reported cases on applications by adult children under s 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) show that while there may be many parents who take this view, the courts are at liberty to disagree and frequently do so. This has implications for private client lawyers and civil litigators alike.

The 2011 case of Ilott v Mitson [2011] EWCA Civ 346, [2011] All ER (D) 37 (Apr) contains a useful review of the principal authorities and—in upholding the award of the district judge (although remitting the matter as to quantum) and reversing the decision of the appellate High Court judge—confirms practitioners’ worst fear: that the “value judgment” required of a judge when considering the s 3 factors and deciding whether the provision made does or does not constitute “reasonable financial

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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