Post date: 08-Jul-2011 04:18:50
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)