Inheritance Act: Cutting the cord

Lottie Tyler reviews how an adult child’s conduct can affect a claim brought under the Inheritance Act (Provision for Family and Dependants) 1975 ‘It appears that the courts will often focus on preserving a wide discretion, but this creates a level of unpredictability as to the weight conduct is given.’ The successful claims brought by …
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Ilott v Mitson [2015] EWCA Civ 797

Wills & Trusts Law Reports | October 2015 # 153

The appeal concerned the quantification of an award for maintenance pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). Section 1 of the 1975 Act confers the right on, among others, a child of the deceased to apply for an order if the will of the deceased or the intestacy rules did not make reasonable provision for that person. The provision was limited to awards of maintenance.

The appellant, who was an adult, was the only child of the deceased and was raised by the deceased, her father having died about t...