The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
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 the estate of the deceased but it is up to that claimant to prove that they fall within a category recognised by I(PFD)A 1975 as being able to bring a claim against the estate for reasonable financial provision. Schedule 2 of the Inheritance and Trustees' Powers Act 2014 (ITPA 2014) which came into force on 1 October 2014, makes amendments to the I(PFD)A 1975.
Those persons eligible to bring a claim are:
the spouse or civil partner of the deceased
a former spouse or former civil partner of the deceased but not one who has formed a subsequent marriage or civil partnership
where the deceased died after 1 January 1996, any person (not being a person included in the paragraphs above) who during the whole of the period of two years ending immediately before the date when the deceased died, was living:
in the same household as the deceased and
as the husband or wife of the deceased
a person, if for the whole of the period of two years ending immediately before the date when the deceased died that person was living:
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.