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Bloomsburry Family law

Wills, Trusts & Probate

Developments in Inheritance Act claims

The general scheme of the Inheritance (Provision for Family and Dependents) Act 1975 (as amended) is probably well known to readers involved in will drafting and in the administration of estates. The aim was to prevent the arbitrary and socially unconscionable effects of both unrestricted will-making and on occasion, the intestacy rules. That is if inadequate financial provision for those who might reasonably expect to be supported by the deceased would result without court intervention. In the first of two articles for ECA, Giles Harrap, barrister of Pump Court Chambers, notes recent developments and current concerns in the context of the Inheritance Act.

ECA course: Protecting the interests of older people

In this second section of the ECA course, aimed at assisting beginners in the law affecting the elderly, and at providing useful reminders for those already engaged at expert level, David Coldrick indicates some possible will-planning solutions for the adviser and the client in the context of asset-protection planning.

B v The Attorney-General [2003] UKPC 61

Negligence - Professional Conduct - Investigation into alleged sexual abuse of children by father - Father and children brought negligence claim against social worker and clinical psychologist for alleged failure to investigate allegations properly - Claim struck out - Common law duty of care owed to children in respect of whom statutory duty for prompt inquiry existed but not to father - Unsatisfactory to impose duty of care in favour of both alleged victim and alleged perpetrator - Children’s claim permitted to proceed to trial

Mohammadi v Anston Investments Ltd [2003] EWCA Civ 981

Landlord and Tenant - Civil Procedure - Arrears and forfeiture of lease - Claimant witheld payment of ground rent and service charges alleging that landlord had breached repair obligations - Landlord issued claimant with notice under Law of Property Act 1925, s 146 - Claimant sought to rely on Housing Act 1996, s 81 - Judge had erred in refusing to allow claimant to rely on Housing Act 1996, s 81