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27 July 2017
Issue: 7756 / Categories: Legal News , Wills & Probate
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New ruling on testamentary freedom & maintenance

A parent’s right to disinherit their estranged children has been dealt a blow by the courts.

Leeds county court held last week that an estranged child of the late Stanley Nahajec could claim £30,000 of her father’s £264,000 estate despite him explicitly disinheriting all three of his children, in Nahajec v Fowle [2017] EW Misc 11 (CC).

Elena Nahajec made her claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The ruling follows that of Ilott v Blue Cross [2017] UKSC 17 in March, in which a claim by an estranged daughter for reasonable financial provision under the 1975 Act resulted in a grant of £50,000 from a £500,000 estate.

Commenting on Nahajec, Julia Burns, associate at Irwin Mitchell, said: ‘After the Ilott case, it was thought that estranged adult child claims should be treated with real caution and that estrangement could be fatal to claims or severely reduce the value of an award.

‘However, the judge here commented that the deceased was stubborn, intransigent and insensitive and that the estrangement was not for want of trying on the part of the claimant who had been rebuffed.

‘The award was 11.3% of the estate which is very similar to that in the Ilott case (within 1%). There was specific mention of her wanting to do a veterinary course so this is an example of something that falls under the definition of “maintenance” post Ilott .

‘This means that estranged child claims are not dead in the water but suggests that any claimants will need to show a track record of reconciliation attempts in order for the judges to consider their views.’

Issue: 7756 / Categories: Legal News , Wills & Probate
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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
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