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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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