Family provision claims

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Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

The following Family news provides comprehensive and up to date legal information on Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

The following Family news provides comprehensive and up to date legal information on The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

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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...

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

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...

Practice notes

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...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

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

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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

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

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 12th Jan

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

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

Q&As

Where there is more than one residuary beneficiary of an estate, if a claim is made against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, can one of the beneficiaries settle the claim made against their share of the estate and another beneficiary defend the claim against their share?

The Inheritance (Provision for Family and Dependants) Act 1975Section 1(1) and 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975...

9th Apr

Practice notes

Family provision claims—children and those treated as children

Child of the deceasedDefinitionA child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and...

9th Apr

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...

9th Apr

Practice notes

Family provision claims—reasonable financial provision

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

9th Apr

Practice notes

Family provision claims—calculating the award

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...

Produced in partnership with Richard Dew of Ten Old Square 9th Apr

Practice notes

Family provision claims—the spouse and civil partner

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...

9th Apr

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 9th Apr

Practice notes

Family provision claims—conduct of the claimant

IntroductionThe conduct of the party who makes a claim for financial provision has always been a relevant matter. Section 1(6) of the...

Produced in partnership with Sidney Ross of Ten Old Square 9th Apr

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 9th Apr

Practice notes

Family provision claims—any other person being maintained

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...

9th Apr

Practice notes

Family provision claims—matters to which the court must have regard

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...

9th Apr

Practice notes

Family provision claims—variation, discharge, suspension and revival of orders

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...

9th Apr

Practice notes

Family provision claims—matters of regard for each applicant

Under section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) there are matters to which the court must have regard...

9th Apr

Practice notes

Family provision claims—the cohabitant

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

9th Apr

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 9th Apr

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) proceeds to a final hearing, the court can make one or...

9th Apr

Practice notes

Family provision claims—intention to defeat a claim

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...

9th Apr

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...

9th Apr

Precedents

Letter of claim—family provision claim

Dear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of [name] deceasedLETTER OF CLAIM—...

6th Apr

Precedents

Draft Witness Statement—personal representative—family provision claim

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

6th Apr