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24 March 2017 / Paul Davidoff
Issue: 7739 / Categories: Opinion , Charities , Wills & Probate
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Charity can begin at home

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Will probate disputes decline in the light of Heather Ilott’s reversal of fortune, asks Paul Davidoff

Does the recent Supreme Court decision in Ilott v Mitson [2017] UKSC 17 now mean that we cannot disinherit our adult children? The answer is now, as it was before: it depends. What we do have is more clarity on how the courts will approach a claim by a disappointed adult child.

In some European countries, children have an absolute right to a share of their parents’ estates. If a parent does not give them the minimum amount prescribed by law, the children have an automatic right to claim it. That is not the case in England and Wales. Here, we may leave our estates to whomever we wish, including charities—no one, not even our partner or children, has an absolute right to any of it.

Despite this freedom, Parliament has decreed that, in some circumstances, we ought to make provision for others and the most recent statutory rules are set out in the Inheritance (Provision for Family and Dependents) Act 1975 (IPFDA). It is how the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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