Home >
Law >
Family Law >
Dictionary of TLATA and Inheritance Act Claims 2023

Dictionary of TLATA and Inheritance Act Claims 2023

Author: Alexander Chandler KC; Charlotte John; Lucia Crimp; Cameron Stocks; Max Turnell
Publisher: Class Legal
ISBN: 9781801610612
Published In: March 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

The Dictionary of TLATA and Inheritance Act Claims sets out the key concepts, cases and practice in four important areas where family law overlaps with the law of trusts and real property: (i) the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA’); (ii) applications for financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975; (iii) Schedule 1 applications for financial relief for children; and (iv) an overview of civil procedure and the Civil Procedure Rules 1998. This publication contains a procedural guide and table of relevant cases.

Divided into sections with an easy to use A-Z format with detailed footnotes, each entry acts as a practice note on the topic, setting out the essential law, key cases and practice points you need to be able to advise on the issue with a minimum of fuss. The book distils the experience of the authors who aim to provide a concise, practical and above all helpful guide to everything from detriment to cost budgeting, from classes of applicants to the rights of engaged couples.

The guidance is packed into a portable A4 book, which will be updated annually, which will make the Dictionary of TLATA and Inheritance Act Claims the perfect court companion and trusted library reference.

A digital edition for use on all computers, tablets and smartphones is available.

Who would find this book useful?

Solicitors, barristers and legal executives who practice mainly in family law, but who act in claims involving cohabitees, intervenor, or where a claim is made against an estate under the 1975 Act or on behalf of a child under Schedule 1
Family Court judges
Mediators and other professionals involved in out of court dispute resolution, and
McKenzie Friends, litigants in person or anyone else who needs to be updated on civil procedure and the sometimes obscure world of TLATA and the Inheritance Act

Foreword to the first edition

Introduction to the 2023 edition

Section 1: TLATA

Ambulatory Trust: Changed Intentions

Concluded Agreements under TLATA

Constructive Trust: Overview

Constructive Trust: Joint vs Sole Name Overview

Constructive Trust: Express Common Intention

Constructive Trust: Implied Common Intention

Constructive Trust: Quantification

Constructive Trust: Imputation

Conveyancing File

Detrimental Reliance

Engaged Couples

Equitable Accounting and Compensation: Overview

Equitable Accounting: Mortgage Instalments

Equitable Accounting: Occupation Rent

Equitable Accounting: Repairs and Improvements

Equity of Exoneration

Excuse Cases

Express Declarations of Trust and Conclusive Effect

First-tier Tribunal (Property Chamber)

Foreign Properties: Jurisdiction

Interaction between TLATA and the Matrimonial Causes Act 1973

Investment Properties

Joint Tenancy, Tenancy in Common

Notices

Orders for Sale in TLATA

Orders for Sale: Claims by Creditors and Trustees in Bankruptcy

Orders Permitting a Buy Out of Property by a Beneficiary

Proprietary Estoppel

Rescission and Rectification of Express Trusts

Restrictions

Resulting Trusts

Satellite Issues: Bank Accounts, Shares, Chattels

Section 2 Law of Property (Miscellaneous Provisions) Act 1989

Severance of a Joint Tenancy

Stack Presumptions

TLATA Statutory Framework

Section 2: Inheritance Act

Anti-Avoidance Provisions

Classes of Applicants

Compromise

Costs: Personal Representatives and Conditional Fee Agreements

Domicile

Inheritance (Provision for Family and Dependants) Act 1975: Overview

Interim Provision

Orders: Periodical Payments, Lump Sum, Transfer of Property, Variation of Settlement

Proof of Death

Property Forming Part of the Net Estate

Reasonable Financial Provision

Section 3 Factors

Special Factors

Time Limits

Section 3: Civil Procedure (TLATA and I(PFD)A)

ADR

Allocation and Tracking

Arbitration

Calderbank Offers

Case Management Conferences

Costs

Costs Budgeting and Costs Management

CPR Part 57: I(PFD)A 1975 Claims

CPR PD 57AC: Witness Statements

Default Judgment

Directions Questionnaires

Disclosure and Disclosure Pilot

Early Neutral Evaluation, Chancery FDR and Settlement Conferences

Enforcement: Execution of Documents

Expert Evidence

Issuing Proceedings: High Court or County Court/Business and Property Courts or Family?

Part 7 or Part 8: How to Commence the Claim

Part 36 Offers

Pre-Action Protocols (Procedure)

Summary Judgment

Tomlin Orders

Transparency

Section 4: Schedule 1 and Intervenor Claims

Child Maintenance (Including Top Up Cases)

Class of Applicants (Including When a Child May Apply)

Costs Allowances

Costs Rules in Schedule 1 and Calderbanks

Definition of Child

Enforcement

Exercise of Schedule 1 Jurisdiction: Relevant Factors

Expert Evidence in Schedule 1

Interface between Schedule 1, MCA and TLATA

Intervenors in Financial Remedy Proceedings: General

Intervenors in Financial Remedy Proceedings: Procedure

Intervenors in Financial Remedy Proceedings: Costs

Jurisdiction to Deal with Child Maintenance

Lump Sum Orders

Powers under Schedule 1

Pre-Action Protocols (Schedule 1)

Procedure: Disclosure (Including the ‘Millionaire’s Defence’)

Procedure: Fast-Track

Procedure: Standard Procedure

Settlement of Property

TLATA and Schedule 1: Joinder and Parallel Proceedings

Browse Books

Dictionary of TLATA and Inheritance Act Claims 2023

New Edition is available now !

Details

You may also be interested in these books:

What Our Customers Say?

Browse Books

Dictionary of TLATA and Inheritance Act Claims 2023

New Edition is available now !

Details

You may also be interested in these books:

What Our Customers Say?

video title