header-logo header-logo

28 October 2016 / Clare Kelly
Issue: 7720 / Categories: Features , Wills & Probate
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll