O’Herlihy v Taylor [2026] EWHC 505 (Ch)

Following a two-day trial of a preliminary issue Deputy Master Henderson has refused permission for an adult ‘child of the family' to bring a late claim under the Inheritance (Provision for Family and Dependants) Act 1975 in respect of a £36m estate.

In the judgment handed down on 9 March 2026 the Deputy Master held that permission should be refused because the claim did not have a real prospect of success, being a claim by an adult who was capable of earning an income sufficient to provide for the costs of the daily living at the standard of living appropriate to him. That standard was the standard which the claimant created for himself after he ceased to have any further contact with the deceased some 7 years before the deceased’s death.

The Deputy Master further held that even if the claim had had a real prospect of success permission should not be granted for it to be brought, taking into account the delay of 4 1/2 years and the distribution of the estate.

Click here to read the judgment in full.

Richard Wilson KC and Harry Martin acted for the executor/beneficiary of the estate, instructed by Lil Doherty, Ed Parry-Smith, Sheila Dines and Milo Grounds of Macfarlanes.

Related Barristers

Described by The Legal 500 as “one of the stars of his generation”, Richard Wilson KC specialises in litigation, drafting and advisory work across traditional and commercial chancery. His practice focuses on trusts and probate, both contentious and non-contentious, related company and partnership law, claims under the Inheritance (Provision for Family and Dependants) Act 1975, tax, professional negligence and civil fraud.

Richard has acted in many of the most significant and high-value cases in these areas in recent years. He is currently involved in several disputes concerning the estates of ultra-high-net-worth individuals (UHNWIs) in England and overseas.

His practice frequently involves offshore matters and private international law. He has appeared before the Privy Council, the Supreme Court and Court of Appeal of Gibraltar, the Supreme Court and Court of Appeal of Bermuda, the Supreme Court of The Bahamas, the Grand Court of the Cayman Islands, and the Eastern Caribbean Supreme Court and Court of Appeal. He has also provided expert evidence on English law before the Royal Courts of Jersey and Guernsey.

Richard regularly acts in disputes across all the principal offshore jurisdictions. A significant proportion of his practice involves international clients, particularly those based in Asia, including Hong Kong.

Richard Wilson KC

Call: 1996
Silk: 2016

Harry Martin has a busy junior practice specialising in chancery, commercial chancery, and art and cultural property work. He advises in relation to contentious and non-contentious matters, both in England & Wales and in other jurisdictions.

Harry is ranked as a leading barrister in the Chambers UK Bar and Chambers High Net Worth guides, which describe him as “a rising star”, and “very bright and commercial in his advice”.