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Will I, won’t I?

28 October 2016 / Clare Kelly
Issue: 7720 / Categories: Features , Wills & Probate
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Clare Kelly provides a round-up of recent contentious probate case law

  • Ames v Jones provides a reminder that claims by adult children under the Inheritance Act will not be successful where they depend on a lifestyle choice.
  • Lloyd v Jones confirms that dementia alone (even where this is accompanied by bizarre delusions) will not mean a will is invalid on the grounds of capacity.
  • Guney v Kingsley Napley highlights the emotional toll of contentious probate disputes.

The hopes of adult children in claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), given a boost by Ilott v Mitson [2015] EWCA Civ 797, [2016] 1 All ER 932, have been brought back down to earth by the decision in Ames v Jones & Ors [2016] EW Misc B67 (CC), where provision was denied because the claimant’s financial circumstances were found to be a lifestyle choice.

The case concerned an I(PFD)A 1975 claim by an adult child (Danielle) for provision from her late father’s estate. Her parents divorced when

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NEWS
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
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