Araba Taylor considers inheritance claims by adult children
“The finest inheritance you can give to a child is to allow it to make its own way, completely on its own feet,” said dancer Isadora Duncan. Reported cases on applications by adult children under s 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) show that while there may be many parents who take this view, the courts are at liberty to disagree and frequently do so. This has implications for private client lawyers and civil litigators alike.
The 2011 case of Ilott v Mitson [2011] EWCA Civ 346, [2011] All ER (D) 37 (Apr) contains a useful review of the principal authorities and—in upholding the award of the district judge (although remitting the matter as to quantum) and reversing the decision of the appellate High Court judge—confirms practitioners’ worst fear: that the “value judgment” required of a judge when considering the s 3 factors and deciding whether the provision made does or does not constitute “reasonable financial provision” is not to be interfered with unless “plainly wrong”.
