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Dictionary of TLATA and Inheritance Act Claims 2023

Dictionary of TLATA and Inheritance Act Claims 2023

  • 作者:
  • 出版商: Class Legal
  • ISBN: 9781801610612
  • 出版时间 March 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    The Dictionary of TLATA and Inheritance Act Claims sets out the key concepts, cases and practice in four important areas where family law overlaps with the law of trusts and real property: (i) the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA’); (ii) applications for financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975; (iii) Schedule 1 applications for financial relief for children; and (iv) an overview of civil procedure and the Civil Procedure Rules 1998. This publication contains a procedural guide and table of relevant cases.

    Divided into sections with an easy to use A-Z format with detailed footnotes, each entry acts as a practice note on the topic, setting out the essential law, key cases and practice points you need to be able to advise on the issue with a minimum of fuss. The book distils the experience of the authors who aim to provide a concise, practical and above all helpful guide to everything from detriment to cost budgeting, from classes of applicants to the rights of engaged couples.

    The guidance is packed into a portable A4 book, which will be updated annually, which will make the Dictionary of TLATA and Inheritance Act Claims the perfect court companion and trusted library reference.

    A digital edition for use on all computers, tablets and smartphones is available.

    Who would find this book useful?

    • Solicitors, barristers and legal executives who practice mainly in family law, but who act in claims involving cohabitees, intervenor, or where a claim is made against an estate under the 1975 Act or on behalf of a child under Schedule 1
    • Family Court judges
    • Mediators and other professionals involved in out of court dispute resolution, and
    • McKenzie Friends, litigants in person or anyone else who needs to be updated on civil procedure and the sometimes obscure world of TLATA and the Inheritance Act
  • Foreword to the first edition
    Introduction to the 2023 edition
    Section 1: TLATA
    Ambulatory Trust: Changed Intentions
    Concluded Agreements under TLATA
    Constructive Trust: Overview
    Constructive Trust: Joint vs Sole Name Overview
    Constructive Trust: Express Common Intention
    Constructive Trust: Implied Common Intention
    Constructive Trust: Quantification
    Constructive Trust: Imputation
    Conveyancing File
    Detrimental Reliance
    Engaged Couples
    Equitable Accounting and Compensation: Overview
    Equitable Accounting: Mortgage Instalments
    Equitable Accounting: Occupation Rent
    Equitable Accounting: Repairs and Improvements
    Equity of Exoneration
    Excuse Cases
    Express Declarations of Trust and Conclusive Effect
    First-tier Tribunal (Property Chamber)
    Foreign Properties: Jurisdiction
    Interaction between TLATA and the Matrimonial Causes Act 1973
    Investment Properties
    Joint Tenancy, Tenancy in Common
    Notices
    Orders for Sale in TLATA
    Orders for Sale: Claims by Creditors and Trustees in Bankruptcy
    Orders Permitting a Buy Out of Property by a Beneficiary
    Proprietary Estoppel
    Rescission and Rectification of Express Trusts
    Restrictions
    Resulting Trusts
    Satellite Issues: Bank Accounts, Shares, Chattels
    Section 2 Law of Property (Miscellaneous Provisions) Act 1989
    Severance of a Joint Tenancy
    Stack Presumptions
    TLATA Statutory Framework
    Section 2: Inheritance Act
    Anti-Avoidance Provisions
    Classes of Applicants
    Compromise
    Costs: Personal Representatives and Conditional Fee Agreements
    Domicile
    Inheritance (Provision for Family and Dependants) Act 1975: Overview
    Interim Provision
    Orders: Periodical Payments, Lump Sum, Transfer of Property, Variation of Settlement
    Proof of Death
    Property Forming Part of the Net Estate
    Reasonable Financial Provision
    Section 3 Factors
    Special Factors
    Time Limits
    Section 3: Civil Procedure (TLATA and I(PFD)A)
    ADR
    Allocation and Tracking
    Arbitration
    Calderbank Offers
    Case Management Conferences
    Costs
    Costs Budgeting and Costs Management
    CPR Part 57: I(PFD)A 1975 Claims
    CPR PD 57AC: Witness Statements
    Default Judgment
    Directions Questionnaires
    Disclosure and Disclosure Pilot
    Early Neutral Evaluation, Chancery FDR and Settlement Conferences
    Enforcement: Execution of Documents
    Expert Evidence
    Issuing Proceedings: High Court or County Court/Business and Property Courts or Family?
    Part 7 or Part 8: How to Commence the Claim
    Part 36 Offers
    Pre-Action Protocols (Procedure)
    Summary Judgment
    Tomlin Orders
    Transparency
    Section 4: Schedule 1 and Intervenor Claims
    Child Maintenance (Including Top Up Cases)
    Class of Applicants (Including When a Child May Apply)
    Costs Allowances
    Costs Rules in Schedule 1 and Calderbanks
    Definition of Child
    Enforcement
    Exercise of Schedule 1 Jurisdiction: Relevant Factors
    Expert Evidence in Schedule 1
    Interface between Schedule 1, MCA and TLATA
    Intervenors in Financial Remedy Proceedings: General
    Intervenors in Financial Remedy Proceedings: Procedure
    Intervenors in Financial Remedy Proceedings: Costs
    Jurisdiction to Deal with Child Maintenance
    Lump Sum Orders
    Powers under Schedule 1
    Pre-Action Protocols (Schedule 1)
    Procedure: Disclosure (Including the ‘Millionaire’s Defence’)
    Procedure: Fast-Track
    Procedure: Standard Procedure
    Settlement of Property
    TLATA and Schedule 1: Joinder and Parallel Proceedings

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