A Practitioner's Guide to Inheritance Act Claims 4th ed

- Publisher:
- Wildy Simmonds & Hill
- Publication date:
- 2023-08-14
- Authors:
- Nasreen Pearce
- ISBN:
- 9780854902989
Description:
This new edition is a comprehensive, accessible, and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975. It provides up-to-date guidance on the law, practice, and procedure on the ever-increasing applications for financial provisions under the Act. The provisions of the Act and its interpretation by the courts are set out and explained by providing summaries of relevant cases. The book also contains a step-by-step guide to the preparation of a case under the Act and the practice and procedure to process an application through the courts. The introduction provides an overview of the background of the legislation, the amendments that have been made, and the issues that still need to be resolved, particularly in relation to cohabitants. Each chapter comprehensively deals with information on the preconditions and time limits to prepare for an application to be made under the Act. These include issues such as domicile, limitation of time, eligibility, grounds for making a claim and the necessary factors to establish a claim. The book also provides useful information on claims based on constructive trusts and proprietary estoppel which so frequently arise in farming claims and claims made by cohabitants and other family members
Index
- Preliminary Sections
- Table of Cases
- Table of Statutes
- Table of Statutory Instruments
- Table of Guides and Codes of Practice
- Table of International Materials
- Introduction
- Proof of Death and Domicile
- Time Limits
- Claimants
- Forfeiture
- Basis of the Claim
- Matters to which the Court is to Have Regard
- Powers of the Court to Make Orders
- The Net Estate
- Dispositions Intended to Defeat Financial Provision
- Personal Representatives and Trustees
- Procedure
- Appeals
- Appendices
- Index