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
