wills – Page 8 – Current Awareness

Skiing & the Supreme Court. What Makes an Adult Child Deserving of Reasonable Maintenance? – Radcliffe Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘”Skiing” or “Spending Kids’ Inheritance” is a regular source of conflict between parents (or their estates) and their children. After 10 years and numerous appeals, the saga of Ilott v The Blue Cross [2017] UKSC 17 has finally reached its conclusion. The case concerned a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975 by an estranged adult daughter for financial provision from her mother’s estate.’

Radcliffe Chambers, 16th March 2017

Source: www.radcliffechambers.com

Landmark Supreme Court decision on Inheritance Act claims – New Square Chambers

Posted April 6th, 2017 in appeals, charities, families, financial provision, news, Supreme Court, wills by sally

‘The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017]
UKSC 17. It is the first opportunity for the Supreme Court to give guidance on the vexed
question of what constitutes ‘reasonable financial provision’ within the meaning of the
Inheritance (Provision for Family and Dependants) Act 1975 and to bring to an end a saga
which began with the death of Melita Jackson in June 2004.’

New Square Chambers, 15th March 2017

Source: www.newsquarechambers.co.uk

Testamentary freedom vs claims by family members – OUP Blog

Posted April 4th, 2017 in appeals, charities, families, news, succession, Supreme Court, wills by sally

‘Should a person be free to dispose of property as she wishes on death, or be forced to leave it to certain family members? This is one of the most fundamental questions in succession law. Some (particularly continental European) jurisdictions allocate compulsory portions to certain family members, irrespective of any will. England and Wales, however, has a default testamentary freedom principle combined with the Inheritance (Provision for Family and Dependants) Act 1975, allowing certain people to claim discretionary provision out of the estate in limited circumstances.’

OUP Blog, 4th April 2017

Source: www.blog.oup.com

Convention’s prohibition on discrimination may apply to pre-Human Rights Act wills: Chancery Court – UK Human Rights Blog

Posted March 31st, 2017 in adoption, human rights, interpretation, news, wills by tracey

‘Hand and Anor v George [2017] EWHC 533 (Ch) (17 March 2017). The Adoption of Children Act 1926 s.5(2) had the effect that adopted children were not treated as “children” for the purposes of testamentary dispositions of property. The continuing application of this provision was a breach of the rights guaranteed by Article 14 in combination with Article 8 of the Convention. Therefore, the contemporary version of that provision, Adoption Act 1976 Sch.2 para.6, had to be read down so as to uphold the right not to be discriminated against.’

UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

Ilott – Upholding Testamentary Freedom – Family Law Week

Posted March 27th, 2017 in appeals, charities, financial provision, judgments, legislation, news, statutory interpretation, Supreme Court, wills by tracey

‘Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.’

Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Ilott -v- Mitson: Claims by adult children contesting wills – the law is unsatisfactory – Halsbury’s Law Exchange

Posted March 22nd, 2017 in benefits, charities, financial provision, news, Supreme Court, wills by sally

‘At long last the saga has reached a conclusion. The Supreme Court handed down its judgment in the case of Ilott (Respondent) v The Blue Cross and others (Appellants) [2017] UKSC 17 on 15 March, a case having its roots in the death of the late Mrs Jackson (Mrs Ilott’s mother) some 13 years ago.’

Halsbury’s Law Exchange, 20th March 2017

Source: www.halsburyslawexchange.co.uk

Animal charities benefit after woman loses out on £160,000 from her mother’s will – The Independent

Posted March 16th, 2017 in appeals, charities, families, news, Supreme Court, wills by tracey

‘A woman has been left “very disappointed” after seven Supreme Court justices dramatically reduced a figure of more than £160,000 awarded to her by the Court of Appeal out of her estranged mother’s will.’

The Independent, 15th March 2017

Source: www.independent.co.uk

Supreme Court to rule on case of daughter left out of mother’s £160k will in favour of animal charities – Daily Telegraph

Posted March 15th, 2017 in appeals, charities, news, Supreme Court, wills by tracey

‘A six-figure award to a woman who was left out of her estranged mother’s will is at the centre of a ruling by the UK’s highest court today.’

The Independent, 15th March 2017

Source: www.independent.co.uk

Charity bequests shouldn’t have special status, Supreme Court hears – Law Society’s Gazette

Posted December 13th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘Charities should be treated no differently from any other beneficiary of a will when resolving disputes, seven Supreme Court judges heard today in a long running legal battle over a £468,000 bequest to animal charities. In Ilott v The Blue Cross and Others, the court is considing an appeal by three animal charities case against a Court of Appeal ruling setting aside a will on the grounds that it did not make reasonable provision for the testator’s daughter.’

Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

Supreme Court to hear ‘unfair wills’ test case – Law Society’s Gazette

Posted December 12th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘The Supreme Court will today hear a case that should clarify the law on challenging wills on the grounds that they do not make reasonable provision. Animal charities are appealing a Court of Appeal decision in July last year in favour of Heather Ilott, who had been excluded from her mother Melita Jackson’s will.’

Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

Ilott v Mitson: A storm in a Teacup? – Zenith Chambers

Posted November 9th, 2016 in appeals, charities, news, wills by sally

‘With Ilott due to be heard in the Supreme Court on 12th December 2016[1], Nicola Phillipson considers the impact the case has had upon claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) and wonders whether the importance of the various decisions has in fact been overblown?’

Zenith Chambers, 31st October 2016

Source: www.zenithchambers.co.uk

Woman cut out of father’s £1m will refused slice of fortune as judge tells her lack of job is ‘lifestyle choice’ – Daily Telegraph

Posted September 30th, 2016 in financial provision, news, unemployment, wills by tracey

‘A daughter cut out of her entrepreneur father’s £1million will because he believed grown-up children should “look after themselves” has been refused a slice of his fortune by a judge. For Danielle Ames, unemployment was “a lifestyle choice” and she was fit and able to work, said Judge David Halpern QC.’

Daily Telegraph, 29th September 2016

Source: www.telegraph.co.uk

Woman tried to do son out of £10m inheritance by ‘taking advantage’ of husband’s Alzheimer’s, judge rules – Daily Telegraph

Posted September 15th, 2016 in families, harassment, mental health, news, wills by tracey

‘A farmer’s wife “took advantage” of her husband’s Alzheimer’s in a bid to do their son out of his promised £10 million inheritance, a judge has ruled.’

Daily Telegraph, 14th September 2016

Source: www.telegraph.co.uk

Divorced husband allowed to challenge will – Legal Futures

Posted July 13th, 2016 in divorce, news, probate, wills by sally

‘A divorced husband has been given permission to challenge the validity of his ex mother-in-law’s will.’

Legal Futures, 12th July 2016

Source: www.legalfutures.co.uk

Credit where Creditor’s due – Tanfield Chambers

Posted July 12th, 2016 in appeals, civil procedure rules, news, probate, wills by sally

‘In Randall v Randall [2016] EWCA Civ 494, the Court of Appeal considered whether a creditor of a beneficiary of an estate had sufficient standing to bring a probate claim to challenge the validity of a purported will of the testatrix.’

Tanfield Chambers, 22nd June 2016

Source: www.tanfieldchambers.co.uk

Brother and sister in legal battle over interior designer father’s £20m fortune – Daily Telegraph

Posted July 6th, 2016 in families, news, trusts, wills by Mark L

‘The children of a renowned interior designer, who worked on the QE2, Claridge’s and the Savoy Hotel are locked in a £20m court battle over his fortune.’

Daily Telegraph, 6th July 2016

Source: www.telegraph.co.uk

Man allowed to challenge former mother-in-law’s will – Law Society’s Gazette

Posted May 31st, 2016 in appeals, divorce, interest, news, wills by tracey

‘The Court of Appeal has granted a divorced husband permission to challenge the validity of his former mother-in-law’s will which left him nothing from her estate.’

Law Society’s Gazette, 27th May 2016

Source: www.lawgazette.co.uk

Holocaust survivor was not a tax cheat, judge rules – Daily Telegraph

Posted May 17th, 2016 in banking, news, tax evasion, wills by sally

‘A holocaust survivor, who overcame the horror of his entire family’s murder by the Nazis to make millions in Britain, has been posthumously cleared of tax evasion by a judge.’

Daily Telegraph, 16th May 2016

Source: www.telegraph.co.uk

Testamentary capacity and the not-so golden rule: Burns v Burns [2016] EWCA Civ 37 – Park Square Barristers

Posted April 13th, 2016 in appeals, codes of practice, doctors, news, probate, solicitors, wills by sally

‘David Rose reviews the recent Court of Appeal decision in Burns v Burns [2016] EWCA Civ 37, which contains an up-to-date summary of the law relating to testamentary capacity and knowledge & approval.’

Park Square Barristers, 31st March 2016

Source: www.parksquarebarristers.co.uk

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