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Claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) – lessons from recent cases

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One CPD hour

gilesharrap (* NEW *)

Giles Harrap

Giles Harrap is a specialist practitioner in claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, and other claims arising on death, including claims for professional negligence in will-making, undue influence and other claims concerning the abuse of the vulnerable or mentally incapacitated.

He is an ADR accredited mediator, a specialist mediator for inheritance related disputes and on the panel of the Pump Court Inheritance Mediation Service.

Appointments and Memberships

  • Recorder 1994 Accredited Mediator (ADR Group) 2005
  • Member of the Association of Contentious Trust and Probate Specialists, The Professional Negligence Bar Association, and The Chancery Bar Association.

Qualifications

  • LLB (London)
  • Called to the Bar 1971 (Inner Temple)

Cases and Publications

  • Coventry, deceased [1980] Ch 461
  • Callaghan, deceased [1985] Fam 1
  • Dawkins, deceased [1986] 2 FLR 360
  • Clarke v Brice Lance [1988] 1 WLR 881
  • Jessop v Jessop [1992] 1 DLR 591
  • Davis v Davis [1993] 1 FLR 54
  • Peach Gray & Co. v Sommers [1995] 2 All ER 513
  • Gray v Buss Merton [1999] PNLR 882
  • Hammond v Osborn [2002] WTLR 1125
  • Chappell v Somers & Blake [2004] Ch 19
  • Re Rowinska [2006] WTLR 487
  • P v G, P and P (Family Provision: Relevance of Divorce Provision) [2006] 1 FLR 431
  • Re Seagrave [2007] 1WLR 2002

Claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) – lessons from recent cases

  • Asking the right question
  • Adults in need: what does it take to succeed? o Myers (2005)Adults in need: what are the limits?
  • H v M & others (2010)
  • Giving reasons for cutting out adult children
    • Do’s and don’ts
  • Impact of conduct
    • Good and bad
      • Bye v Colvin-Scott (2010)
  • The quantification of awards
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