The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the very least,...
During the lifetime of the testator they will enter in obligations in respect of contracts, covenants, debts, duties etc. Generally these obligations will subsist after...
Most administrations take a little while to complete. In the course of that administration the personal representatives (PRs) will engage in a number of duties that could...
There are a number of circumstances in which it may be desirable, or necessary, to seek the removal by the court of personal representatives (PRs), ie the executors or...
The traditional approach to trust disputes has been to resort to litigation rather than using the less contentious methods of alternative dispute resolution (ADR). At the...
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best way of ensuring that...
The nature of disputes as to lifetime dispositions Particularly where an estate appears to be smaller than anticipated, personal representatives (PRs) and beneficiaries...
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...
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...
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...
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...
STOP PRESS: Note that changes to CPR PD 22 and CPR PD 32 in force from 6 April 2020 mean that there will be changes to the format of the statement of truth in some...
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to subscription)....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
