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11 September 2015 / Brie Stevens-Hoare KC
Issue: 7667 / Categories: Features , Wills & Probate
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Brie Stevens-Hoare QC considers adult children, charities & state benefits in the wake of the Ilott decision

Adult children and how to deal them, or at least their claims under the Inheritance (Provision for Family and Dependants) 1975, has been a vexed topic for 25 years. Has it finally been resolved by the Court of Appeal in the second decision in Ilott v Mitson [2015] EWCA Civ 797, [2015] All ER (D) 290 (Jul)?

The 1938 predecessor legislation allowed children under 21 or subject to a physical or mental disability to apply. Parliament elected in the 1975 legislation to include all children without distinction. However it seemed for a long time the old distinctions survived. The Coventry decision in 1980 was frequently used to argue adult children had additional hurdles to clear. The Court of Appeal has been consistent in saying that legally the position of adult children is no different to that of other applicants; see Re Hancock (dec’d) [1993] 1 FCR 500, Espinosa v Bourke [1999] 3 FCR 76 and the first Ilott

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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