A Practical Guide to the Death of a Spouse During Divorce Proceedings

This practical guide to the death of a spouse provides a useful overview of the different areas of law and remedies that can arise where a spouse dies during the course of separation. It covers the position regarding financial remedy proceedings, depending upon the stage to which divorce proceedings have progressed and addresses the legal difficulties that death can cause. It seeks to provide information to practitioners of the approach to take in such circumstances depending upon the factual and legal position, and gives an analysis of potential claims under the Inheritance (Provision for Family and Dependants) Act 1975, the Trusts of Land and Appointment of Trustees Act 1996, and the operation of the doctrine of survivorship.

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.