Family provision claims

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Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Practice notes

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

9th Nov

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

9th Nov

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

9th Nov

Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 9th Nov

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

In-house

Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

9th Nov

Practice notes

General principles—lump sum orders

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...

9th Nov

Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

9th Nov

Most recent Family provision claims content

Practice notes

Family provision claims—practice and procedure

Time limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should generally be commenced before the...

27th Nov

Q&As

Where, under Will 1, Person A (independent adult) is a beneficiary of X% of the beneficial interest in a property forming part of the residue of the testator's estate and a cohabitation agreement between Person A and the testator has also been put in place to this effect, but, under Will 2, they have no interest, what claim(s) (if any) is open for Person A to make and against whom (including the personal representatives)?

It may be open to Person A to make a claim on the grounds set out below against the testator's estate (the estate) for X% of the beneficial interest...

Produced in partnership with Molly Hunter,b gh of Mishcon de Reya 26th Nov

Practice notes

Probate actions and family provision claims—costs

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

Produced in partnership with Adam Draper of Shoosmiths 16th Nov

Practice notes

Family provision claims—preliminary issues

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

13th Nov

Practice notes

Family provision claims—the role of personal representatives

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

Produced in partnership with Edward Hewitt of 5 Stone Buildings 12th Nov

Practice notes

Domicile and habitual residence

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov

In-house

Q&As

Is an agreement not to make an Inheritance (Provision for Family and Dependants) Act 1975 claim enforceable against the surviving parties?

The response to this Q&A assumes that:•the testator and certain individuals agreed during the testator's lifetime that no claim under the Inheritance...

4th Nov

Practice notes

Family provision claims—settlement and welfare benefits

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

Produced in partnership with Richard Dew of Ten Old Square 4th Nov

Practice notes

Family provision claims—settlement and taxation

The taxation of the estate is often a significant consideration in the compromise of claims under the Inheritance (Provision for Family and...

Produced in partnership with Richard Dew of Ten Old Square 4th Nov

Practice notes

Family provision claims—procedural table

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...

5th Oct

Q&As

Does the deceased's pension, which was paid to a beneficiary, form part of the net estate for the purposes of claims under the Inheritance (Provision for Family and Dependants) Act 1975? Is it an asset available to satisfy a claim? What about insurance policies paid to a beneficiary on the deceased's death?

The orders that the court can make under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) are made from the...

29th Sep

Q&As

Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to issue proceedings, under the Inheritance (Provision for Family and Dependants) Act 1975?

A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of...

Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep

Q&As

Can you provide guidance on the changes made to the Inheritance (Provision for Family and Dependants) Act 1975 regarding making a claim for financial provision before grant of probate?

Practice Note: Family provision claims—practice and procedure explains:'An application for reasonable financial provision under the Inheritance...

28th Sep

Q&As

Can an adult child, who has been adopted, make a claim against the estate of their natural parents?

We have understood this question to be regarding whether an adult child, who has been adopted, can make a claim against the estate of their natural...

28th Sep

Q&As

Where an interim distribution has been made from the deceased’s estate and there is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, could the executors be personally liable if the court orders a payment in excess of the monies that are left in the estate?

The personal representatives (PRs) are usually aware early on that a claim may be made under the Inheritance (Provision for Family and Dependants) Act...

28th Sep

Q&As

Can the PRs of an applicant in a claim under I(PFD)A 1975 continue the claim if the applicant dies during the proceedings and before the court makes a final order?

Where an applicant dies after commencing an action under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) but prior to an...

28th Sep

Q&As

Who should be named as a defendant to a family provision claim?

Applications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) are regulated by the provisions...

28th Sep

Q&As

Do you have any Precedent clauses for a legacy to a surviving spouse of such amount as they would be awarded on divorce if the testator had not died before the divorce is finalised?

Unfortunately, we do not have a Precedent on the specific point raised in the above. However, we refer you to the following which you may find useful...

28th Sep

Q&As

If a disappointed beneficiary brings a claim against solicitors who failed to conclude the Will of a deceased in a timely fashion (under which Will the disappointed beneficiary stood to benefit), will the court, in determining the quantum of that claim if successful, take into account the fact that, if the Will had been concluded, one or more other persons may have brought Inheritance Act claims against the estate, thus, reducing the disappointed beneficiary’s entitlement (and the quantum of their negligence claim)? Or will the disappointed beneficiary, if their negligence claim succeeds, receive the amount they stood to receive under the will regardless?

In White v Jones, the House of Lords allowed disappointed beneficiaries under a Will to recover damages in compensation for the lost legacy under a...

28th Sep

Q&As