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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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