Inheritance Act Claims: Law, Practice and Procedure
Why should you subscribe to Inheritance Act Claims: Law, Practice and Procedure
Inheritance Act Claims is the only updateable service devoted to claims under the Inheritance (Provision for Family and Dependants) Act 1975 and is now available as either a print subscription or as part of LexisLibrary. The interrelationship of claims under the 1975 Act and other areas of practice means that the law is constantly evolving. This clear and comprehensive work combines detailed explanatory commentary with invaluable precedents, case summaries and useful source material including consolidated legislation.
A subscription to Inheritance Act Claims is:
- Up to date
This work is updated twice annually to take account of all changes relevant to the 1975 Act, ensuring you are always kept up to date with developments in the field.
The text is supplemented by checklists, statutes, CPR, tables and precedent materials, which provide you with everything you need to advance your client's case successfully.
The author is a leading chancery barrister, praised in Chambers & Partners for "knowing his subject thoroughly". He is assisted by a team of contributors with extensive experience not only in these claims, but also in divorce, tax and international trusts, ensuring that all angles are covered.
Inheritance Act Claims remains the most comprehensive work available on this increasingly important area of law and is an invaluable resource for private client solicitors and trust practitioners, as well as Chancery barristers and family lawyers. It contains a section dedicated to the meaning of “maintenance” that also looks at the relevance of state benefits, judicial attempts to define maintenance and the application of the judicial approach to maintenance as well as lumps sums or periodic payments and the relevance of social change. The coverage on “maintenance” is one small section within this comprehensive, leading volume on the 1975 Act which covers the full spectrum of issues relevant to these claims. Read more about this topic...
With a foreword by Lord Walker of Gestingthorpe.
With contributions from Miranda Allardice Barrister, 5 Stone Buildings, Lincoln's Inn, Keith Gordon Barrister, Temple Tax Chambers and Jonathan Fowles Barrister, Serle Court, 6 New Square, Lincoln's Inn
Table of contents
Update 28 November 2017
This update contains general updating and additional material taking account of legislative and case-law developments since the last issue so that the law is stated as at 1 November 2017.
- Frequently Encountered Issues Arising in 1975 Act Claims
- The Practical Approach to Claims: Conducting the Case
- The Practical Approach to Claims: Part 2
- Who is an Eligible Claimant?
- Problems which may Affect the Claims of Applicants who would Otherwise be Eligible
- What is Reasonable Financial Provision?
- The Matters to which the Court Must Have Regard under Section 3 of the 1975 Act
- Special Factors under Section 3
- Problems with the Net Estate
- Assessing the Value of Claims: What is the Claim Worth?
- The Position of the Personal Representative in Claims under the 1975 Act
- The Powers of the Court
- Taxation and the 1975 Act
- Procedure, Hearings and Costs
- The Mediation of the 1975 Act Claims
- 1975 Act Claims, Will Drafting and Other Advice
- Statutory Materials etc
- Checklists and Questionnaires
- Case Summaries