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Inheritance Act Claims

Law, Practice and Procedure

£363.00

"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

Print Subscription Information
Looseleaf
£363.00 main work 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)

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
  • "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, Temple Tax Chambers and Jonathan Fowles Barrister, Serle Court, 6 New Square, Lincoln's Inn
    Update 23 (March 2015)

    In the absence of legislative change we have continued the task of updating the text to reflect changes wrought by cases and other developments. There have been no major shifts of emphasis displayed by 1975 Act claims themselves. But changes of approach by the courts continue to be demonstrated in the field of financial remedies on divorce under the Matrimonial Causes Act 1973. These changes are reflected in Chapter 8, where the ‘deemed divorce test’ is examined where applicable to claims under the 1975 Act. There have also been important decisions on technical points, such as the law on nominations of benefits in pension schemes under s 8(1) of the 1975 Act. This was helpfully clarified by His Honour Judge Hodge QC (sitting as a judge of the High Court) in Goenka v Goenka [2014] EWHC 2966 (Ch). This decision is referred to in Chapter 9 where the definition of the ‘net estate’ under the 1975 Act is dealt with. It is probably fair to say that after nearly 40 years in force, the 1975 Act is in its middle age of maturity and the watchword (in the absence of legislative change) is ‘steady as she goes’.

    Finally, we have avoided xenophobia and looked towards Europe to see what changes coming from Brussels or Strasbourg may affect 1975 Act claims in the future. There is one major change. The date is fairly imminent, namely 17 August 2015. Conflict of law rules as to succession rights within the EU in respect of deaths after this date will be governed by the European Succession Regulation (No 650/2012) (‘Brussels IV’) (‘the Regulation’). While the UK, Denmark, Ireland and Switzerland (and some other third countries) are not bound by the Regulation, it will be relevant where there are estates within those EU countries that are bound by it and conflict of law issues will be dealt with under the Regulation. One important consequence of the harmonisation will be that the applicable law of succession will be based on the last habitual residence of the deceased. (Domestic rules of succession are not changed by the Regulation.) This is an area of law to note when claims are made under the 1975 Act where there is foreign property within the EU and where choice of law clauses in wills etc are not present.

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