Inheritance Act Claims

Law, Practice and Procedure

Inheritance_20act_20claims_full_cover

Price: £330.00

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Format:
Looseleaf
ISBN:
978 0 85308 810 3
Editor:
Andrew Francis
Category:
Private Client

The most comprehensive work available on this increasingly important area of law

Inheritance Act Claims is the only updateable service devoted to claims under the Inheritance (Provision for Family Dependants) Act 1975. 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.

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 procedural guides, 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.

2013 Subscription Information

Looseleaf
£330.00 mainwork inc mainland UK p&p
2 updates per year (approx. £140.00 each - invoiced on publication)

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 Chambers, Gray's Inn and Jonathan Fowles Barrister, Serle Court, 6 New Square, Lincoln's Inn

  • 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
  • Update 19 (March 2013)

     

    The new Civil Procedure Rules and Practice Directions were due to come into force on 1 April 2013 as part of the programme to put into effect many of the recommendations of the Jackson Review of Civil Costs published in 2009. Changes to CFAs and the recovery of success fees and ATE insurance premiums in the context of costs recovery are all part of this programme. The most significant practical change will be the costs management rules in revised CPR Part 3 and PD3E.
    The new rules and PDs were originally due to be published in final form by mid-February 2013. While the amendment rules were laid before Parliament on 12 February and are likely to be further amended before implementation, there is to date no sign of the PDs, which of course provide vital meat to the bones.
    A draft copy of the PDs was available but they are drafts and in view of the above reference to amendments we cannot guarantee that they will not be changed before finally being made as Orders in Parliament. These new rules and PDs principally affect Chapter 15, on procedure and costs. They have been referred to as the ‘new’ rules in that chapter.
    We will reflect the CPR changes fully in the next pdate as by then, no doubt, all the new material will be fully published.
    Apart from the need to try to bring in the changes to the CPR from 1 April, the text has been updated with the most recent cases decided since November 2012.
    The hearing of the appeal by the Supreme Court in Petrodel Resources Ltd and Others v Prest and Others [2012] EWCA Civ 1395 (see 13[6A]) on the jurisdiction to pierce the corporate veil is due to take place in the middle of March, so the judgment of the Supreme Court should be available in time for the next update. Just as it is important in financial provision on divorce, this is a topical subject in claims under the 1975 Act where the deceased’s assets may have been “hidden” behind a corporate veil.
    The law is stated as at 20 February 2013.

    "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

    Inheritance Act Claims Online provides:

    • Links to the full text of Family Law Reports cited in the text
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