A Practical Guide to Defending an Inheritance Act Claim

Wills / Probate / Trusts

A Practical Guide to Defending an Inheritance Act Claim

Edited by Chris Bryden · Tori Adams
Law Brief Publishing December 2025

Specifications

ISBN-13
9781918241037
Publisher
Law Brief Publishing
Publication
December 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This practical guide to the defending of claims under the Inheritance (Provision for Family and Dependants) Act 1975 is intended to provide a detailed overview to practitioners and Defendants, both Personal Representatives and beneficiaries, as to the practicalities of such claims. It provides an historical overview putting the 1975 Act into context, then sets out in an accessible and approachable manner how to put together a defence to a claim and follow it through to settlement or trial.

Together with its sister title, A Practical Guide to Bringing an Inheritance Act Claim, they form a comprehensive guide to such litigation, though there is significant overlap between the text of the two works, for reasons that should be clear. With Chris Bryden’s other book, A Practical Guide to the Death of a Spouse During Divorce, they amount to a comprehensive resource.

A combination of a practical analysis of the legal frameworks and case law that applies, and practical tips and guidance for practitioners that find themselves in a position which may not be legally familiar to them, this guide is an essential addition to any private client lawyer’s written resources. Accessible, approachable, but sufficiently weighty in its analysis, it is bound to become the indispensable handbook in its field.

Table of Contents

Chapter One – Introduction
Chapter Two – Who Can Bring a Claim?
Chapter Three – Section 3 Factors
Chapter Four – Spousal Claims
Chapter Five – Role of Executors
Chapter Six – Funding
Chapter Seven – Responding to Pre-Action Correspondence and Safeguarding the Estate
Chapter Eight – ADR
Chapter Nine – Assessing the Claim?
Chapter Ten – Responding to Proceedings as a Beneficiary
Chapter Eleven – CMC/CCMC
Chapter Twelve – ENE/FDR
Chapter Thirteen – Offers
Chapter Fourteen – Preparing for Trial
Chapter Fifteen – Trial
Chapter Sixteen – Costs
Chapter Seventeen – Drafting an Order
Chapter Eighteen – Appeals
Chapter Nineteen – Look Forward
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