Rights on death

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Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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19th May
Practice notes
Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...
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19th May
Practice notes
Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...
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19th May
Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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19th May
Practice notes
The ground for divorceBar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the...
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19th May
Practice notes
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Practice notes
Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May
Practice notes
Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...
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19th May
Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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19th May
Practice notes
Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Practice notes
Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May

Most recent Rights on death content

Practice notes
Pension rights of unmarried cohabitants on members’ deathIn this Practice Note, the term ‘cohabitant’ is used to refer to an unmarried partner (other...
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5th Jun
Practice notes
Rights on death of cohabitantCohabitants do not generally share the same rights afforded to a spouse or civil partner in the event of the death of...
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5th Jun
Practice notes
Family provision claims—matters to which the court must have regardThe Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is...
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5th Jun
Practice notes
Probate actions and family provision claims—costsThe legal costs position in probate claims is often misunderstood.This Practice Note looks at:•the...
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Produced in partnership with Adam Draper of Shoosmiths 5th Jun
Practice notes
Family provision claims—settlement and taxationThe taxation of the estate is often a significant consideration in the compromise of claims under the...
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Produced in partnership with Richard Dew of Ten Old Square 5th Jun
Practice notes
Family provision claims—the role of personal representativesClaims for reasonable financial provision from an estate pursuant to the Inheritance...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 5th Jun
Practice notes
Family provision claims—calculating the awardWhere the court is satisfied that reasonable financial provision has not been made for an applicant, it...
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Produced in partnership with Richard Dew of Ten Old Square 5th Jun
Practice notes
Family provision claims—orders which the court can make If a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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5th Jun
Practice notes
Family provision claims—practice and procedureTime limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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5th Jun
Practice notes
Family provision claims—conduct of the claimantIntroductionThe conduct of the party who makes a claim for financial provision has always been a...
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Produced in partnership with Sidney Ross of Ten Old Square 5th Jun
Practice notes
Family provision claims—intention to defeat a claimThe effect of the anti-avoidance provisions contained within the Inheritance (Provision for Family...
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5th Jun
Practice notes
Family provision claims—procedural tableApplicantsSpouse or civil partner of the deceasedI(PFD)A 1975, s 1(1)(a) Former spouse or civil partner of...
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5th Jun
Practice notes
Family provision claims—children and those treated as childrenChild of the deceasedDefinitionA child of the deceased is an eligible claimant under...
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5th Jun
Practice notes
Family provision claims—reasonable financial provisionIn the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) there is only...
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5th Jun
Practice notes
Total intestacyThe intestacy rulesA total intestacy occurs when all of the deceased's property is undisposed of because:•the deceased did not make a...
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5th Jun
Practice notes
Family provision claims—the cohabitantThe cohabitantThe Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) permits a claim by a...
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5th Jun
Practice notes
Family provision claims—preliminary issuesTestators have freedom to dispose of their estates as they wish, subject to the formal requirements for...
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5th Jun
Practice notes
Family provision claims—variation, discharge, suspension and revival of ordersOrders made by the court under the Inheritance (Provision for Family and...
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5th Jun
Practice notes
Partial intestacyDefinitionPartial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has...
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5th Jun
Practice notes
Family provision claims—matters of regard for each applicantUnder section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A...
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5th Jun

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