• Inheritance Act Claims

Inheritance Act Claims

Law, Practice and Procedure

£346.00

"a marvellous book to which I will be subscribing and no doubt which will never be on my shelf as my colleagues queue up [to] borrow it"

Trust Quarterly Review

Inheritance Act Claims is the only updateable service devoted to claims under the Inheritance (Provision for Family Dependants) Act 1975 and is now available as either a print or online subscription. 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.

Practical
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.

Authoritative
The author is 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, trust practitioners and lawyers as well as Chancery barristers and all family lawyers.

To arrange your FREE 14-day trial to the online service or to find out how a print or online subscription to Inheritance Act Claims will benefit your day-to-day work call our account management team today on +44 (0)117 918 1555 or email them at sales@jordanpublishing.co.uk

2014 Subscription Information
Looseleaf
£346.00 mainwork inc mainland UK p&p, there is an additional cost for non-UK mainland p&p
2 updates per year (approx. £155.00 each - invoiced on publication)
Update 21 (March 2014)

Inheritance law is facing an incoming tide of change. The first element of this tide as featured in update 21 is the Inheritance and Trustees’ Powers Bill, which received its third reading in the House of Lords on 10 February 2014. Other legislative change now reflected in the text is contained in the Marriage (Same Sex Couples) Act 2013. This allows lawful marriage (in the true legal sense of that word) between same-sex couples and will be fully in force by 3 June 2014. Following closely behind will be the Law Commission’s final report on matrimonial property needs and agreements, to be published on 27 February 2014. In the 22nd update to this book, later this year, reference will be made to the changes proposed in that report so far as they have an effect on claims under the 1975 Act; particularly when the ‘deemed divorce’ test is being applied under s 3(2). Finally, there are a number of court decisions made towards the end of 2013 and at the beginning of 2014 that bear upon 1975 Act claims both directly and indirectly. These include Berger v Berger [2013] EWCA Civ 1305, which deals with the issues arising in applications for permission to apply out of time under s 4 of the 1975 Act. There is also a cluster of decisions following Mitchell v News Group [2013] EWCA Civ 1537 on the question of sanctions for non-compliance with the CPR and court orders, particularly those relating to costs under CPR, Part 3, r 9 and Part 3, PD3E. The application of Mitchell in a number of cases following that decision is dealt with in Chapter 15. In addition, reference is made to the decision of the Court of Appeal in its significant judgment in PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288.

Contents

  • Introduction
  • 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
  • Anti-Avoidance
  • 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
  • Precedents
  • Tables
  • Case Summaries
    • Andrew Francis

      Andrew Francis

      Andrew’s practice is a chancery one, with an emphasis on real property and contest…

    "this book will provide valuable assistance to the practitioner in keeping on top of developments ... a convenient one-stop reference point"
    Solicitors Journal

    "the moment Andrew Francis' book landed on my book shelves in chambers, it disappeared being borrowed by colleagues who returned with increasingly enthusiastic reviews ... easy to use ... a marvellous book to which I will be subscribing and no doubt which will never be on my shelf as my colleagues queue up [to] borrow it ... an absolute must for anyone who ever practises in this area and Andrew Francis and Jordans should be warmly congratulated."
    Trust Quarterly Review

    "a sure-footed guide ... exceedingly well laid out and user-friendly, practical in its approach ... I can only add my endorsement to the praise of Lord Walker of Gestingthorpe in his foreword: 'It is likely to be of real assistance to all who practise, either regularly or occasionally, in this difficult area of private client work.'"
    Trust and Estate Practitioner
    Andrew Francis Barrister, Serle Court, 6 New Square, Lincoln's Inn

    With a foreword by Lord Walker of Gestingthorpe

    With contributions from Miranda Allardice Barrister, 5 Stone Buildings, Lincoln's Inn, Keith Gordon Barrister, Atlas Tax Chambers, Gray's Inn and Jonathan Fowles Barrister, Serle Court, 6 New Square, Lincoln's Inn

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