75 Powers to provide for adult children that are as extensive and indeterminate as those in the present law would, if applied to the living, be judged rightly as unacceptable. No reason has been advanced why they should apply after a will-maker’s death. Adult, independent children should have a claim only in respect of valuable benefits they have conferred on a parent during the parent’s lifetime. (See paras 84–88 and Part 4) Adult, independent children should also be entitled to make claims: • where they are genuinely in need and it is possible, without unfairness to those otherwise entitled to the estate of the deceased, to provide periodic payments sufficient to alleviate their need (the child would make a needs claim for a needs award); and • where what is sought by the child is no more than a memento or keepsake of modest value (these memento claims would be disposed of swiftly and simply by a Disputes Tribunal). (See sections 29–30) |
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