Family provision claims

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Practice notes
Sources of help for solicitorsSolicitors Regulation AuthorityThe Solicitors Regulation Authority (SRA) is the independent regulatory body of the Law...
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19th May
Practice notes
Definition of a personal representativeSection 55(1)(xi) of the Administration of Estates Act 1925 defines ‘personal representative’ as:‘the executor,...
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19th May
Practice notes
Probate actions—Larke v Nugus requestsWhat is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the...
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19th May
Practice notes
Contents of Wills—residuary giftsWhat a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include...
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19th May
Practice notes
Assent of assets by personal representativesAssent by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in...
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19th May
Practice notes
Variation of Will or intestacy after death—Q&AsA deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on...
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19th May
Q&As
Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Entitlement to a grant for a non-domiciled testatorDeceased domiciled outside England and WalesA grant issued in England and Wales will be necessary...
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19th May
Practice notes
Revocation of WillRevocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any...
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19th May
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
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19th May
Practice notes
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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19th May
Practice notes
Will drafting—hotchpotHotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases...
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19th May
Practice notes
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 19th May
Practice notes
Failure of gifts—ademptionWhen applying the doctrines of ademption and abatement, a distinction is drawn between specific, general and demonstrative...
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19th May

Most recent Family provision claims content

Practice notes
Family provision claims—calculating the awardWhere the court is satisfied that reasonable financial provision has not been made for an applicant, it...
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Produced in partnership with Richard Dew of Ten Old Square 14th Sep
Precedents
Draft Witness Statement—personal representative—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law,...
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13th Sep
Precedents
Letter of claim—family provision claimDear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of...
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13th Sep
Practice notes
Probate actions and family provision claims—costsThe legal costs position in probate claims is often misunderstood.This Practice Note looks at:•the...
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Produced in partnership with Adam Draper of Shoosmiths 13th Sep
Q&As
Where a claimant dies during small claims litigation, how should the court be alerted to the death of the claimant whose executor wishes to continue...
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Produced in partnership with Daniel Laking of 39 Essex Chambers 9th Sep
Precedents
Family provision claim—client guideThis document provides general guidance regarding some of the key issues in bringing a family provision claim (a...
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9th 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...
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15th Aug
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...
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15th Aug
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...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Aug
Practice notes
Family provision claims—intention to defeat a claimThe effect of the anti-avoidance provisions contained within the Inheritance (Provision for Family...
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15th Aug
Precedents
Draft Witness Statement—claimant—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and...
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15th Aug
Precedents
Draft Chancery Case Management Directions—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice...
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15th Aug
Precedents
Draft Part 8 Claim Form—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure...
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15th Aug
Practice notes
Domicile and habitual residence11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 15th Aug
Precedents
Draft orders—family provision claimThis Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by...
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15th Aug
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...
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15th Aug
Q&As
Is there any authority for including the cost of university education as a factor when determining the quantum of a minor child's award under an...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Aug

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