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

Q&As
We refer you to Cohabitation contracts—overview, in particular the following Precedents:•Cohabitation agreements—client guide•Cohabitation contractSee...
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28th Sep
Q&As
The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) creates a statutory regime under which certain categories of applicants...
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Produced in partnership with David Sawtell of Lamb Chambers 28th Sep
Q&As
Where an application for reasonable financial provision is made under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...
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28th Sep
Q&As
There are two potential causes of action against the Will draftsman for a failure to provide advice on a claim under Inheritance (Provision for Family...
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28th Sep
Q&As
It is often the case that, where a dispute arises over the terms of a Will, or a claim is intimated for reasonable financial provision out of the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Does a former spouse have standing to make a claim against the estate of her ex-husband under the Inheritance (Provision for Family and Dependents)...
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28th Sep
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 3 PB Barristers 28th Sep
Q&As
The general principle in England and Wales is that a testator may leave their assets to whomsoever they please—known as freedom of testation. This...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
This question deals with the situation where a claimant dies after commencing proceedings under the Inheritance (Provision for Family and Dependants)...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
The claim formAny claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) must be brought in accordance...
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28th Sep
Q&As
Once the executors are on notice of a claim or potential claim they must not do anything to prejudice that claim (Re Ralphs) and they should adopt a...
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28th Sep
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 3 PB Barristers 28th Sep
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 3 PB Barristers 28th Sep
Q&As
Section 1(1)(d) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) states that an applicant within this category is not...
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28th Sep

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