Family provision: A new approach to an old dilemma? 

Heather Conway and Sheena Grattan look at family provision, adult children and property transfers In our opinion, it would be wrong to read Noble as signalling a fundamentally different approach, given that Noble was dealing with a very different set of factual circumstances Noble v Morrison [2020] is the first reported family provision case in …
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Re H [2020] EWHC 1134 (Fam)

Wills & Trusts Law Reports | Summer 2020

The claimant daughter brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for provision out of the estate of her late father. The sole beneficiary of his estate was his widow, who was in residential care with severe health concerns, but who had been debarred from defending the proceedings by reason of non-compliance with earlier court orders. The claimant had been estranged from her parents since 2010 and had a number of health difficulties which made her unable to work. She lived in rented accommodation with two children, whose father visited them daily ...

Inheritance Act claims: The winner takes it all?

Amanda Noyce examines recent case law to determine whether success fees are recoverable in 1975 Act claims These cases are intrinsically extremely dangerous for lawyers to undertake, particularly since the decision in Ilott. Move over Jane Austen’s Pride and Prejudice; if there was ever a prize for the best opening line, HHJ Gosnell’s comments in …
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Mistake and Inheritance Act claims: Unintended consequences

Francis Ng outlines a rare modern example of rescission for mistake in hostile proceedings Clarke is unusual in that it is a rare modern example of rescission for mistake in hostile proceedings. Deputy Master Linwood gave judgment in Clarke v Allen on 23 May 2019. The decision covered two claims by Matilda Clarke (Matilda). One …
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The 1975 Act: Increasingly relevant

Juliet Petchey considers practical points arising from a case contemporary with Ilott that was also based on the Inheritance (Provision for Family and Dependants) Act 1975 ‘Practitioners will recognise the scenario that, having taken advice, the defendant soon demanded the claimant leave the house in order that he could realise his inheritance. The defendant considered …
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