header-logo header-logo

13 October 2011 / Araba Taylor
Issue: 7485 / Categories: Features , Wills & Probate , Family
printer mail-detail

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

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll