This title covers statutory provision in circumstances of inadequate provision in a will or under the laws of intestacy (i.e. where someone dies without a will) and explains the law, practice and procedure.
It is a relatively new area of law which began with the 1938 Inheritance Act and now the Inheritance Act (Provision for Family and Dependants) 1975. This text is designed to help the practitioner both to identify and assemble the essential facts of a potential claim under the Inheritance Act at the start of the litigation, and to arrive at an informed view of the prospects of success in making or resisting an application under the 1975 Inheritance Act. The book enables the practitioner to assess the merits of a potential claim along with its cost implications.
Key features:-
- Helps the practitioner to identify and assemble the essential facts of a potential claim under the Inheritance Act 1975
- Enables the practitioner to assess the merits of a potential claim along with its cost implications
- Covers all the relevant legislation and cases, explains who it applies to, how the law is applied and what the court must take into account make when considering a claim
- Defines ‘persons who may apply’ under the law and sets out the definition and effects of domicile
- Clearly sets out what property is defined by s.8 as being part of the net estate and which property under s.9 may be treated as part of the estate
- Practice and Procedure deals with matters that may arise before, during and after making a claim under the 1975 Act and is structured to follow the normal sequence of events within the framework of the proceedings.
- The new chapter on alternative dispute resolution offers guidance on settling disputes via mediation
- The chapters are supported by a detailed set of appendices to aid the practitioner in building their claim, they include all relevant legislation, case summaries, rules, orders and forms
- Questionnaires are included to aid the practitioner in assembling all the relevant facts at the start of a case when either making or resisting a claim
- A section for precedents including a claim form, claimant’s witness statement, and personal representative’s witness statement in accordance with CPR r.57.16(5) has been added and will be cross referenced to the appropriate questionnaires
