Probate (contentious)

Probate (contentious) guidance:

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,...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

The nature of disputes as to lifetime dispositions Particularly where an estate appears to be smaller than anticipated, personal representatives (PRs) and beneficiaries...

Practice Note

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