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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
A significant High Court decision has provided welcome clarification on how far legal advice privilege can extend within large corporate organisations
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