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28 October 2016 / Clare Kelly
Issue: 7720 / Categories: Features , Wills & Probate
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Will I, won’t I?

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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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