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Inheritance Act Claims, 3rd edition

A Practical Guide
Miranda Allardice, Tracey Angus, Paul Hewitt and Penelope Reed
Availability: Forthcoming

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.


Contents

  1. 1. Overview; 2. Threshold jurisdiction; 3. Categories of applicant; 4. The general approach to claims; 5. Surviving spouses and civil partners; 6. Provision for applicants on the maintenance standard; 7. Anti-avoidance provisions; 8. Procedure; 9. Orders which the court can make; 10. Compromise; 11. Will drafting and the will file; 12. Role of the personal representative/trustee; Appendices.

About the Author

Miranda Allardice is a barrister and mediator at 5 Stone Buildings. She is a member of ACTAPS and the Chancery Bar Association. Tracey Angus QC is a barrister at 5 Stone Buildings. She is a member of ACTAPS and the Chancery Bar Association. Paul Hewitt is a partner in Withers LLP’s top ranked trust, estate and inheritance disputes team. He is a member of STEP and ACTAPS. Penelope Reed QC is a barrister at 5 Stone Buildings. She is a member of STEP, ACTAPS and the Chancery Bar Association.

£95.00

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Category

Private client

Published

May 2022

Publisher

The Law Society

ISBN

9781784461904

Format

Paperback
320 Pages