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Inheritance Act Claims: A Practical Guide 3rd ed


ISBN13: 9781784461904
Previous Edition ISBN: 9781784460808
Published: May 2022
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: £110.00



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Inheritance Act Claims is a highly practical book which provides a comprehensive guide to claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. The book provides guidance on how to conduct claims, the court’s approach, assessing quantum, the tax implications of orders and compromises, and the issues arising for will drafting.

This third edition has been fully revised and updated to cover key case law decisions on a range of important issues, including:

  • appeal cases relating to extension of time for bringing a claim;
  • recovery of conditional fee uplifts
  • qualification as a spouse;
  • provision for a disabled widow
  • adult child cases after Ilott;
  • provision for a longstanding cohabitee;
  • interim provision and costs, and
  • reasonable financial provision for minor children, and young adults

The appendix materials include a range of helpful precedents, the ACTAPS Practice Guidance for the Resolution of Probate and Trust Disputes, and extracts from all the relevant legislation and Civil Procedure Rules.

Subjects:
Family Law, Wills and Probate
Contents:
1. Overview
2. Threshold jurisdiction
3. Categories of applicant
4. The general approach to claims
5. Surviving spouses and civil partners
6. Provision for applicants on the maintenance standard
7. Anti-avoidance provisions
8. Procedure
9. Orders which
the court can make
10. Compromise
11. Will drafting and the will file
12. Role of the personal
representative/trustee
Appendices