Family provision claims

Family provision claims guidance:

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to...

Practice Note

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription). IN...

Precedents

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription). IN...

Precedents

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription). IN...

Precedents

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription)....

Precedents

This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription)....

Precedents

Section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is the catch-all provision and can be used if the other criteria do not...

Practice Note

Where the court is satisfied that reasonable financial provision has not been made for an applicant, it has power to make an order under section 2 of the Inheritance...

Practice Note

Child of the deceased Definition A child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975...

Practice Note

Introduction The conduct of the party who makes a claim for financial provision has always been a relevant matter. Section 1(6) of the Inheritance (Family Provision) Act...

Practice Note

The effect of the anti-avoidance provisions contained within the Inheritance (Provision for Family and Dependants) Act 1975 I(PFD)A 1975, ss 10–13 is that a person...

Practice Note

The court is required to move away from the common factors in section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) when considering...

Practice Note

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is designed to allow a court to vary the dispositions effected by the Will or intestacy of a...

Practice Note

Assuming the applicant overcomes the hurdles of proving that they are within the appropriate class of claimants and that the deceased failed to make reasonable provision...

Practice Note

Time limits An application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) cannot be issued after...

Practice Note

Testators have freedom to dispose of their estates as they wish, subject to the formal requirements for making a Will, the requirements of testamentary capacity and...

Practice Note

ApplicantsSpouse or civil partner of the deceasedI(PFD)A 1975, s 1(1)(a) Former spouse or civil partner of the deceased who has not formed a subsequent marriage or civil...

Practice Note

This is simplicity itself in the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) in that there is only one ground for the claim, namely: '… that...

Practice Note

The taxation of the estate is often a significant consideration in the compromise of claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A...

Practice Note

This Practice Note considers how a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) might be compromised to: • maximise...

Practice Note

The cohabitant The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) permits a claim by a person who has cohabited with the deceased and applies...

Practice Note

Claims for reasonable financial provision from an estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) appear to be on the...

Practice Note

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) enables the court to make an order for a wide variety of relief in favour of a claimant from...

Practice Note

Orders made by the court under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should ideally be final. Indeed, not all orders of the court...

Practice Note

Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)] The estate of [name] deceased LETTER OF CLAIM— Potential claim under...

Precedents

The legal costs position in probate claims is often misunderstood. This Practice Note looks at: • the costs in probate proceedings relating to the validity of the Will,...

Practice Note