Index
Author | Nasreen Pearce |
Pages | 457-476 |
Index
References are to page numbers. Abbreviations have the same meanings as
in the text.
Acquisition of property orders 234, 245,
246–247, 259–260
ACTAPS Code 318
Ad bona colligenda grants of
representation 34
Ad litem grants of representation 15, 35,
43
Adjournment
of case management conference 337
long or general 35, 43
for separate representation of claimants
322
to give more time for application for
permission to appeal 346–347, 348
where immediate order not required but
claimant likely to need provision in
future 238
Adoption 92, 95–98, 101
effect on a minor’s domicile of origin
18
Adult children see Children, adult
Age
of claimant (in a relevant class) and
length of marriage, civil partnership
or cohabitation 185, 209–213
cohabitation preceding marriage or
formation of civil partnership
210
minimum
for acquiring a domicile of choice
18, 19
for formation of civil partnership 73
for marriage 68
for obtaining a parental order 110
persons aged under 18 see Minors;
Parties under a disability
Alternative dispute resolution 53, 317,
333
Amendment of pleadings or written
evidence
appeals 352
I(PFD)A claims 337
Annulment of marriage or civil
partnership
death within 12 months after decree/
order 70, 80, 81, 141–143, 150
foreign proceedings see Foreign law,
proceedings relating to marriage or
civil partnership
orders restricting I(PFD)A claims see
Restrictions on I(PFD)A claims,
imposed in other proceedings
see also Civil partners, void and
voidable civil partnerships; Former
civil partners; Former spouses;
Surviving spouses, void and
voidable marriages
Ante-nuptial settlements see Nuptial and
similar settlements, variation
Appeals 345–358
to Court of Appeal 345–356
introduction and procedural table
166, 345, 348, 353, 354–356
permission 345–348, 351, 352, 354
time limits 346–347, 348, 351, 352,
354, 355
458 A Practitioner’s Guide to Inheritance Act Claims
Appeals (continued)
to Court of Appeal (continued)
stay of execution 348–349
grounds 349–351
pleadings and other documents
345, 351–352, 354, 355
cross appeals 352, 355
court’s powers 356
to Supreme Court 356–358
Appointment, powers of see Powers of
appointment
Armed forces personnel
civil partnerships formed at barracks
72
death on active service 14
Assisted reproduction see Infertility
treatment
Bank accounts, in joint names 283–284
Barristers see Legal representatives:
introduction
Beneficial interests: introduction
in companies, whether court can pierce
the corporate veil 273–275
court’s power to determine issues when
making declaration of presumed
death 16
in jointly owned property see Jointly
owned property, powers of court
under trusts see Trusts
Beneficiaries
charities 169, 175
disabled persons 176, 182, 183, 184–
186, 245, 246
lacking mental capacity see Parties
under a disability
financial resources and needs 172–177
minors and persons lacking mental
capacity see Parties under a
disability
personal representatives as 311, 314
personal representatives’ duties to
312, 313–314
status of successful claimants 312
whether all should be defendants 323
see also Defendants: overview;
Forfeiture rule; Joinder of parties;
Procedure: I(PFD)A cases
Bigamy 64, 68–69
see also Polygamous and potentially
polygamous marriages
Burden of proof
in applications for extension of time
45, 59
concerning beneficial interests in
jointly owned property 202,
206
concerning change of domicile 22, 23
see also Civil partners, presumption of
death orders; Declarations of
presumed death; Standard of
proof
Calderbank offers 336
Cessate grants of representation 36
Chancery Division see High Court,
Chancery Division
Channel Islands 13, 110, 111
Charities 169, 175
Children 92–116
adopted children see Adoption
adult 92, 113, 115, 158, 160–161,
162, 167, 177–182, 183
aged under 18 see Minors; Parties
under a disability
born as result of assisted reproduction
see Infertility treatment
domicile of origin and dependency
17, 18–19
duration of periodical payments orders
in favour of 240
illegitimate children see Illegitimate
children
legitimacy
declarations of parentage, legitimacy
and legitimation 99, 103, 112–
113
legitimation 93–94, 112, 113
presumption of legitimacy 93, 101,
102, 109
matters to which court is to have regard
see Matters to which court is to
have regard, children and all other
subheadings in that entry except
those specifying other classes of
claimants
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