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18 November 2016 / Henrietta Mason , Paola Fudakowska
Issue: 7723 / Categories: Features , Wills & Probate
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Families at war

Paola Fudakowska & Henrietta Mason report on recent wills & probate disputes

  • Adult children and their possible rights under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Using lack of knowledge and approval as an alternative to lack of testamentary capacity in challenging the validity of a will.

There is no doubt that the press interest in the long running litigation in Ilott v Mitson has resulted in a considerable increase in enquiries by adult children as to their possible rights under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). While we await the Supreme Court’s decision (the case is due to be heard in December), the law is in a state of flux.

Nevertheless time marches on and decisions continue to be made. One such case is Ames v Jones [2016] EW Misc B67 (CC) which sees a failed application by Danielle, the adult daughter of the deceased, for provision from her father’s estate. Danielle argued that the will, which had left the entire estate to the deceased’s second wife, Elaine, did not make reasonable provision in

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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