Claims by adult child beneficiaries: Is there any hope after Miles v Shearer?

RWK Goodman | Trusts and Estates Law & Tax Journal | March 2022 #231
Amanda Noyce reviews the latest cases under the 1975 Act and summarises the lessons on funding such claims With regard to adult able-bodied children, there is a need to ‘prove something more’ than just the qualifying relationship. ‘Where there’s a will, there’s a way’ is a great self-motivational message – until there’s an inheritance involved. …

Continue reading "Claims by adult child beneficiaries: Is there any hope after Miles v Shearer?"

This post is only available to members.

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...