You are here

A vested interest in the Hand

Ruth Hughes discusses a recent decision on the rights of adopted children in historic wills and the impact of the Human Rights Act 1998

3 May 2017

The recent case of Hand v George [2017] EWHC 533 (Ch) concerned the will of Henry Hand, who died on 9 June 1947. He was survived by three children. In his will dated 6 May 1946 he left the residue of his estate to them in three equal shares for life with the remainder in each case to such of their children as attained the age of 21 and, if more than one, in equal shares.

One of Henry’s children had adopted children but had no natural children. The issue before the court was whether the adopted children were entitled to benefit or whether the remainder interest passed to cousins who were not adopted.

The answer should have been simple. As the law stood in 1946 and 1947, adopted children would not benefit without the testator having signalled an intention to benefit them. This is the clear effect of the Adoption of Children Act 1926, the Adoption of Children Act 1949, and the Adopt...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.