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Family Law

The leading authority on all aspects of family law

20 JUN 2005

Family Provision - the Adult Child and Moral Obligation

John Wilson,1 Hare Court and Professor Rebecca Bailey-Harris, Bristol University and 1 Hare Court. When dealing with family provision after death, the notion of moral obligation, while finding no expression on the face of legislation, past or current, has nevertheless been the creature of judicial interpretation, particularly in the context of a claim by an able-bodied adult child. Barristers John Wilson and Professor Rebecca Bailey-Harris criticise this development, arguing that its origin dates from a bygone age and that reference to the moral nature of an obligation should be abandoned henceforth in the interpretation of current legislation.

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