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Relevant conduct

A will that excludes an adult child will continue to be upheld in the courts post Ilott, regardless of how little is left to the beneficiary

3 February 2016

Much has been said about the Court of Appeal's decision in Ilott v Mitson. But contrary to what you may have read, the case does not mark a sudden departure from freedom of testamentary disposition. Less so does it mean, regardless of conduct or merit, that errant adult children are now 'entitled' to provision from their deceased parents' estates.

In contrast to Ilott, Wright v Waters [2014] EWHC 3614 Ch shows that the courts do reject adult child claims where relevant conduct is a material factor. It is a trite observation (but sometimes we all need a reminder) that each case is specific to its facts.

It is also relevant that the court has a wide discretion in Inheritance (provision for Family and Dependents) Act 1975 cases, in determining whether reasonable provision has objectively been made and, if so, what award to make.

It is ...

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