Family provision claims

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Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
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9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
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9th Nov
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
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9th Nov
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
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9th Nov
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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9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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9th Nov

Most recent Family provision claims content

Practice notes
11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
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Produced in partnership with David Salter, deputy High Court judge and Recorder 21st Jan
Practice notes
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...
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15th Jan
Practice notes
Time limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should generally be commenced before the...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
The taxation of the estate is often a significant consideration in the compromise of claims under the Inheritance (Provision for Family and...
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Produced in partnership with Richard Dew of Ten Old Square 15th Jan
Practice notes
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...
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15th Jan
Practice notes
This Practice Note considers how a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) might be...
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Produced in partnership with Richard Dew of Ten Old Square 15th Jan
Practice notes
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...
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15th Jan
Practice notes
Testators have freedom to dispose of their estates as they wish, subject to the formal requirements for making a Will, the requirements of...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
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...
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15th Jan
Practice notes
Claims for reasonable financial provision from an estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 15th Jan
Practice notes
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...
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15th Jan
Practice notes
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...
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Produced in partnership with Richard Dew of Ten Old Square 15th Jan
Q&As
Practice Note: The type of grant needed at section ‘Grant ad colligenda bona’ explains that a grant ad colligenda bona may be granted under rule 52 of...
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Produced in partnership with Graham Stott of gunnercooke LLP 14th Jan
Practice notes
The legal costs position in probate claims is often misunderstood.This Practice Note looks at:•the costs in probate proceedings relating to the...
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Produced in partnership with Adam Draper of Shoosmiths 14th Jan
Q&As
Practice Notes: Family provision claims—children and those treated as children and Family provision claims—matters of regard for each applicant...
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Produced in partnership with Graham Stott of gunnercooke LLP 8th Jan
Q&As
A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of...
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Produced in partnership with Graham Stott of gunnercooke LLP 8th Jan
Q&As
There are specific procedural provisions relating to claims brought by minors or by protected parties (ie those who lack capacity). Minors are not...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

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