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Inheritance Act Claims: A Practical Guide, 3rd Edition

Inheritance Act Claims: A Practical Guide, 3rd Edition

Author: Tracey Angus; Anna Clarke; Paul Hewitt; Penelope Reed
Publisher: Law Society Publishing
ISBN: 9781784461904

Previous Edition ISBN: 9781784460808
Published In: May 2022
Format: Paperback , 276 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

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.

1. Introduction;
2. Threshold of the jurisdiction;
3. Categories of applicant;
4. Matters which the Court will take into account;
5. Orders which the Court can make;
6. Anti-avoidance provisions;
7. Variation of matrimonial, dissolution and separation orders;
8. Procedure;
9. Compromise of a claim;
10. Will drafting and the interrelation between 1975 Act and other claims;
Appendix.