Hand & Anor v George

Hand & Anor v George

The Human Rights Act 1998 does not generally operate retrospectively, but where the relevant event (death of Kenneth Hand) occurred after the Act came into force, the interpretation of the will must be compliant with Convention rights. The discriminatory effect of domestic adoption law is overridden by Article 14 in conjunction with Article 8, and paragraph 6 of Schedule 2 to the Adoption Act 1976 must be read down to include adopted children unless the beneficiary has availed themselves of the property right before the HRA came into force.

Parties
Claimant: David John Hand; Claimant: Hilary Jane Campbell; Defendant: Richard George; Defendant: Elizabeth Carolyn Stanhope
Jurisdiction
England and Wales
Judgment Date
17 March 2017
Procedural Posture
Civil / Judgment
Outcome
Claim allowed
Legal Topics
Interpretation of Wills, Adopted Children's Inheritance Rights, Retrospective Application of Human Rights Act, Discrimination Under Article 14 ECHR
Succession Human Rights Trusts Interpretation of Wills Adopted Children's Inheritance Rights Retrospective Application of Human Rights Act Discrimination Under Article 14 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2
Sign in to unlock

Parties

David John Hand

Claimant

Hilary Jane Campbell

Claimant

Richard George

Defendant

Elizabeth Carolyn Stanhope

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether adopted children are included as 'children' under a will made before adoption laws changed
  2. 2 Whether the Human Rights Act 1998 and European Convention on Human Rights override discriminatory domestic law in interpreting testamentary dispositions
  3. 3 Whether retrospective application of the Human Rights Act is permissible in this context

Ratio Decidendi

The Human Rights Act 1998 does not generally operate retrospectively, but where the relevant event (death of Kenneth Hand) occurred after the Act came into force, the interpretation of the will must be compliant with Convention rights. The discriminatory effect of domestic adoption law is overridden by Article 14 in conjunction with Article 8, and paragraph 6 of Schedule 2 to the Adoption Act 1976 must be read down to include adopted children unless the beneficiary has availed themselves of the property right before the HRA came into force.

Court Disposition

Claim allowed

Orders

  • Claimants are entitled to inherit the part of their father's estate deriving from Henry Hand's will.
  • Paragraph 6 of Schedule 2 to the Adoption Act 1976 is to be read down so that section 39 applies unless the beneficiary has availed themselves of the property right before the coming into force of the Human Rights Act 1998.