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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

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
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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