Inheritance Act Claims
A Practical Guide
2nd Edition
Published on 18. October 2017
Book
Paperback/Softback
336 pages
978-1-78446-080-8 (ISBN)
Description
This highly practical book provides a comprehensive guide to claims brought under the Inheritance (Provision for Family and Dependants) Act 1975.
This 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.
Fully updated, the second edition covers a range of inheritance issues, including:
* provision for applicants on the maintenance standard
* the court's recent approach to domicile
* applications for permission to make a claim out of time
* anti-avoidance provisions
* applications made by cohabitees, dependants and adult children.
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.
This 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.
Fully updated, the second edition covers a range of inheritance issues, including:
* provision for applicants on the maintenance standard
* the court's recent approach to domicile
* applications for permission to make a claim out of time
* anti-avoidance provisions
* applications made by cohabitees, dependants and adult children.
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.
More details
Edition
2nd Revised edition
Language
English
Place of publication
London
United Kingdom
Target group
Professional and scholarly
Edition type
Revised edition
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-78446-080-8 (9781784460808)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
New editions
Book
05/2022
3rd Edition
The Law Society
€136.50
Shipment within 3-4 weeks
Previous edition
Book
12/2006
The Law Society
€109.76
Article exhausted; check for reprint
Persons
Miranda Allardice of 5 Stone Buildings lectures for CLT, CPD and ACTAPS. Miranda was an advisory group member of the Law Commission Intestacy and Family Provision on Death Report.
Tracey Angus QC of 5 Stone Buildings is a member of ACTAPS and the Chancery Bar Association.
Paul Hewitt is a partner at Withers and a leading practitioner in trust and probate disputes.
Penelope Reed QC of 5 Stone Buildings is a Civil Recorder, Deputy High Court Judge and mediator. Penelope is a member of STEP, ACTAPS and the Chancery Bar Association.
Tracey Angus QC of 5 Stone Buildings is a member of ACTAPS and the Chancery Bar Association.
Paul Hewitt is a partner at Withers and a leading practitioner in trust and probate disputes.
Penelope Reed QC of 5 Stone Buildings is a Civil Recorder, Deputy High Court Judge and mediator. Penelope is a member of STEP, ACTAPS and the Chancery Bar Association.
Content
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: A. Statutory extracts; B. Forms and precedents; C. ACTAPS guidance.