header-logo header-logo

25 March 2022
Issue: 7972 / Categories: Features , Wills & Probate
printer mail-detail

Inheritance Act claims: A high bar for adult children?

75711
How does the court approach the issue of adult children who claim a will fails to provide for them? Myles McIntosh reports
  • In Miles and another v Shearer [2021] EWHC 1000 (Ch), two adult children brought separate claims for financial provision under the Inheritance (Provision for Family & Dependents) Act 1975.

The case of Miles and another v Shearer [2021] EWHC 1000 (Ch), which gathered significant press interest, recently looked at the increasingly common scenario of adult children bringing separate claims for financial provision. The case provides a detailed analysis of the approach the court will take into account when considering these types of claims.

Juliet Miles and Lauretta Shearer (‘the claimants’) brought claims, as the adult daughters of the late Anthony Shearer who died in 2017, against his estate. They both sought orders that their father’s will (prepared in 2015) failed to make reasonable financial provision for them.

The claimants were the children from Mr Shearer’s first marriage. That marriage was dissolved in 2007 after 34 years.

Mr Shearer remarried Pamela Shearer (‘Mrs Shearer’) shortly after

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll