Adult Child Inheritance Claims - Case Law Update & Mediation Strategies

Introduction

Adult child claims under the Inheritance (Provision for Family and Dependants) Act 1975 continue to present difficult and often highly contentious issues for private client and contentious probate practitioners. Balancing testamentary freedom against the court’s discretion to make reasonable financial provision requires careful consideration of the claimant’s financial needs, the circumstances of the relationship and the wider factors relevant to the estate.

Recent decisions have provided further guidance on the approach the courts are taking to adult child claims, while also demonstrating the uncertainty, cost and emotional consequences that can arise when disputes proceed to trial. Against this background, understanding when and how to use mediation can be critical to achieving a proportionate outcome for clients.

This practical new virtual classroom seminar will examine the latest developments in adult child claims, including the continuing relevance of Ilott v The Blue Cross, the landscape following Hirachand in relation to funding and the implications of more recent decisions including Howe v Howe, Isaacs v Green and O’Herlihy v Taylor. It will consider how issues such as financial need, estrangement, dependency and personal responsibility can influence the court’s approach and what these cases mean for practitioners advising claimants, beneficiaries and executors.

The session will also focus on mediation as an increasingly important form of ADR in 1975 Act disputes. It will explore why adult child claims can be particularly suitable for early resolution, how practitioners can prepare effectively for mediation and the strategies that can help clients reach a workable settlement while avoiding the cost, uncertainty and emotional toll of contested proceedings.

This session is aimed at practitioners and professionals working in the private wealth and contentious probate space who already have a working knowledge of Inheritance Act claims and want to understand the latest developments and practical strategies for managing and resolving adult child disputes.

What You Will Learn

This live and interactive session will cover the following:

• The legal framework governing claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975
• How the courts approach ‘reasonable financial provision’ in adult child claims
• The continuing impact of Ilott v The Blue Cross on modern 1975 Act litigation
• Hirachand and the developing landscape around litigation funding
• Key lessons from Howe v Howe, Isaacs v Green and O’Herlihy v Taylor
• The significance of financial need, dependency and the claimant’s personal circumstances
• How estrangement between parent and child may influence the court’s assessment
• Recent developments in the courts’ approach to adult child claims and what they mean for practitioners
• Why adult child inheritance disputes may be particularly well suited to mediation
• The practical advantages and limitations of mediation compared with contested proceedings
• How to prepare effectively for mediation, including identifying the key issues and realistic settlement parameters
• Strategies for achieving proportionate settlements in emotionally charged family disputes

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.