Family Law Hub

Hand & Anor v George [2017] EWHC 533 (Ch)

In a tweet: Will trust that excluded adopted children was discriminatory

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Case note, published: 12/06/2017

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  • An inheritance case where the court had to determine whether the adopted grandchildren should be treated in the same way as the birth grandchildren. The grandfather had made a will in 1946 (at a time when adopted children remained the children of their birth parents), in which any grandchildren would be beneficiaries. The court determined that the adopted grandchildren were entitled to inherit the part of their father's estate that derived from the grandfather's will and that the court must respect their Convention right under Article 14 in conjunction with Article 8 of the Convention not to be discriminated against by the application of a legislative provision which causes the ambiguous reference in the will to his grandchildren to be construed as excluding them as his adopted grandchildren. Judgment, 29/03/2017, free

Published: 12/06/2017

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