This book explains the law and procedure relating to claims under the Inheritance (Provision for Family and Dependants) 1975 where reasonable financial provision has not been made, and other claims which may be made additionally or alternatively. It enables the practitioner to assess the prospects of success in making or resisting a claim.
- Examines the criteria for eligibility to make a 1975 Act claim
- Explains what property is available for financial provision, including property treated by s.8 as being part of the net estate, and property which under s.9 may be treated as part of the estate
- Analyses the factors that the court must consider in determining a claim, and discusses the orders that the court can make
- Considers what constitutes reasonable financial provision, with reference to different types of provision and the various classes of claimant
- Contains a chapter on practice and procedure, dealing with the matters which will or may arise before, during and after the making of a claim under the 1975 Act
- Appendices include the text of the 1975 Act and other procedural material including precedents and the ACTAPS code; questionnaires which aid the practitioner in assembling all the relevant facts at the start of a case when either making or resisting a claim; a list of important cases arranged by topic and a list of cases in which a particular word or phrase has been considered; a select bibliography, with commentary, of published articles relating to Ilott v Mitson; and a fully updated case summaries section
- Key new coverage in this edition includes an expanded list of errors to avoid; case law on claims by adult children post-Ilott v Mitson; and the Court of Appeal decision in Cowan v Foreman and subsequent case law on applications for extensions of time
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