Full Description
This highly practical book provides a comprehensive guide to claims brought under the Inheritance (Provision for Family and Dependants) Act 1975.This book provides guidance on how to conduct claims, the court's approach,assessing quantum, the tax implications of orders and compromises, and the issuesarising for will drafting.Fully updated, the second edition covers a range of inheritance issues, including:* provision for applicants on the maintenance standard* the court's recent approach to domicile* applications for permission to make a claim out of time* anti-avoidance provisions* applications made by cohabitees, dependants and adult children.The appendix materials include a range of helpful precedents, the ACTAPS Practice Guidance for the Resolution of Probate and Trust Disputes, and extracts from all the relevant legislation and Civil Procedure Rules.
Contents
1. Overview; 2. Threshold jurisdiction; 3. Categories of applicant; 4. The general approach to claims; 5. Surviving spouses and civil partners; 6. Provision for applicants on the maintenance standard; 7. Anti-avoidance provisions; 8. Procedure; 9. Orders which the court can make; 10. Compromise; 11. Will drafting and the will file; 12. Role of the personal representative/trustee; Appendices: A. Statutory extracts; B. Forms and precedents; C. ACTAPS guidance.
