Family provision claims

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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
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
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
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
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
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
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
What is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes 12th Jan
Practice notes
The disappearance of a person does not automatically enable others to take control of that person's affairs or their property ownership. That can...
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9th Nov
Practice notes
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion...
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9th Nov

Most recent Family provision claims content

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, deputy High Court judge and Recorder 15th May
Practice notes
Family provision claims—the cohabitantThe cohabitantThe Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) permits a claim by a...
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15th May
Practice notes
Family provision claims—procedural tableApplicantsSpouse or civil partner of the deceasedI(PFD)A 1975, s 1(1)(a) Former spouse or civil partner of...
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15th May
Practice notes
Family provision claims—matters to which the court must have regardThe Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is...
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15th May
Practice notes
Family provision claims—practice and procedureTime limitsAn action under Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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15th May
Practice notes
Family provision claims—settlement and welfare benefitsThis Practice Note considers how a claim brought under the Inheritance (Provision for Family...
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Produced in partnership with Richard Dew of Ten Old Square 15th May
Practice notes
Family provision claims—conduct of the claimantIntroductionThe conduct of the party who makes a claim for financial provision has always been a...
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Produced in partnership with Sidney Ross of Ten Old Square 15th May
Practice notes
Family provision claims—the role of personal representativesClaims for reasonable financial provision from an estate pursuant to the Inheritance...
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Produced in partnership with Edward Hewitt of 5 Stone Buildings 15th May
Practice notes
Family provision claims—the spouse and civil partnerThe Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) enables the court to...
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15th May
Practice notes
Family provision claims—children and those treated as childrenChild of the deceasedDefinitionA child of the deceased is an eligible claimant under...
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15th May
Practice notes
Family provision claims—preliminary issuesTestators have freedom to dispose of their estates as they wish, subject to the formal requirements for...
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15th May
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 15th May
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 May
Practice notes
Family provision claims—any other person being maintainedSection 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A...
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15th May
Practice notes
Family provision claims—reasonable financial provisionIn the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) there is only...
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15th May
Practice notes
Family provision claims—matters of regard for each applicantUnder section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A...
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15th May
Practice notes
Family provision claims—variation, discharge, suspension and revival of ordersOrders made by the court under the Inheritance (Provision for Family and...
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15th May
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 15th May
Practice notes
Family provision claims—settlement and taxationThe taxation of the estate is often a significant consideration in the compromise of claims under the...
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Produced in partnership with Richard Dew of Ten Old Square 15th May
Practice notes
Family provision claims—orders which the court can make If a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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15th May

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