Wills / Probate / Trusts

Inheritance Act Claims: A Practical Guide, 3rd Edition

Edited by Tracey Angus · Anna Clarke · Paul Hewitt · Penelope Reed
Law Society Publishing May 2022

Specifications

ISBN-13
9781784461904
Publisher
Law Society Publishing
Publication
May 2022
Format
Paperback , 276 pages
Jurisdiction
U.K. ? Countri(es) for reference only

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.

Table of Contents

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.

About the Author

Tracey Angus is a barrister at 5 Stone Buildings where she has a general Chancery practice.

Anna Clarke is a barrister at 5 Stone Buildings where she has a general Chancery practice.

Penelope Reed is a barrister at 5 Stone Buildings where she has a wide Chancery practice.

Paul Hewitt is a principal solicitor in the Contentious Trust and Probate team at Withers LLP.

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