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Dictionary of TLATA and Inheritance Act Claims 2024

Dictionary of TLATA and Inheritance Act Claims 2024

  • 作者:
  • 出版商: Class Legal
  • ISBN: 9781801611046
  • Previous Edition ISBN: 9781801610612
  • 出版时间 March 2024
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
S$180.88
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  • 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.

    The book is divided into sections with an easy-to-use A-Z format and detailed footnotes. Each entry contains a practice note, citing the leading cases and practice points. It contains procedural guides and tables of relevant cases and statutory material. The book distils the experience of the authors and aims to provide concise, practical and above all helpful guide to everything from detriment to cost budgeting, and from classes of applicants to the rights of engaged couples.

    This 2024 edition has been fully updated to include changes and developments in the law from the last 12 months and includes a comprehensive new section on Intervenors, consisting of: Case Management in Intervenor Claims; Costs in Intervenor Claims; Family Court's Role in Intervenor Claims; Joinder of Intervenor as a Party and Subject Matter of an Intervenor Claim. There are also new entries on illegality, Unjust Enrichment, Variation of Equitable Interests and Interim Provision.

    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.

    Who would find this book useful?

    • Solicitors, barristers and legal executives who practice mainly in family law, but who also act in claims involving cohabitees, intervenors, or where a claim is made against an estate under the 1975 Act or on behalf of a child under Schedule 1
    • Family Court and Business and Property Court judges who regularly deal with TLATA and 1975 Act claims
    • Mediators and other professionals involved in out of court dispute resolution
    • McKenzie Friends, litigants in person or anyone else who needs to be updated in on civil procedure and the sometimes obscure world of TLATA and the 1975 Act

  • Foreword to the second edition
    Introduction to the 2024 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
    Illegality
    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
    Unjust Enrichment: Overview
    Variation of Equitable Interests
    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 & 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 Rules under CPR Part 31 and CPR PD 57AD
    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
    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
    Interim Provision
    Jurisdiction to Deal with Child Maintenance
    Lump Sum Orders
    Powers under Schedule 1
    Pre-Action Protocols
    Procedure: Disclosure (Including the ‘Millionaire’s Defence’)
    Procedure: Fast-Track
    Procedure: Standard Procedure
    Settlement of Property
    TLATA and Schedule 1: Joinder and Parallel Proceedings
    Variation
    Section 5: Intervenors
    Case Management in Intervenor Claims
    Costs in Intervenor Claims
    Family Court’s Role in Intervenor Claims
    General Points in Intervenor Claims
    Joinder of Intervening Parties
    Subject Matter of an Intervenor Claim
    CPR Procedural Table

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