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
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...
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9th Apr
Precedents
Dear [insert organisation name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)]The estate of [name] deceasedLETTER OF CLAIM—...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
Precedents
This document provides general guidance regarding some of the key issues in bringing a family provision claim (a claim under the Inheritance...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
Precedents
This Precedent is based on a precedent found in Inheritance Act Claims: Law, Practice and Procedure Precedents by Andrew Francis (available subject to...
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6th Apr
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 4th Mar
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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4th Mar
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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24th Feb
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 15th Feb
Q&As
Unfortunately, we do not have a Precedent on the specific point raised in the above. However, we refer you to the following which you may find useful...
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15th Feb
Q&As
I(PFD)A 1975, s 19(1) provides as follows:'Where an order is made under section 2 of this Act then for all purposes, including the purposes of the...
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15th Feb
Q&As
Where any judgment or order is made by the court against a party or non-party to litigation for the payment of a sum of money, that judgment or order...
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15th Feb

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