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Inheritance Act Claims: Law and Practice
Inheritance Act Claims: Law and Practice
3rd Edition
Series:  Trusts, Wills and Probate Libr
Practice Area:  Wills & Probate
ISBN:  9780414048515
Published by:  Sweet & Maxwell
Publication Date:  26 Oct 2011
Format:  Hardback
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PRODUCT DESCRIPTION

Inheritance Act Claims: Law and Practice covers statutory provision in circumstances of inadequate provision in a will or under the laws of intestacy. It explains the law, practice and procedure in a straightforward and practical way, so practitioners can assess the merits of a potential claim along with its cost implications.

Inheritance Act Claims: Law and Practice:

  • Covers all the relevant legislation and cases and explains how the law is applied and what the court must take into account make when considering a claim
  • Discusses practice and procedure, dealing with matters that may arise before, during and after making a claim under the 1975 Act
  • Contains a detailed set of appendices including all relevant legislation, case summaries, rules, orders and forms designed to help you build your claim
  • Includes questionnaires in the appendices, designed to help you assemble all the relevant facts at the start of a case when either making or resisting a claim


New to the 3rd Edition:

  • Useful precedents, including a claim form, claimant’s witness statement, and personal representative’s witness statement in accordance with CPR r.57.16(5), cross-referenced to the appropriate questionnaires in the appendices
  • Fully updated in the light of recent cases such as such as Fielden v Cunliffe, P v G, P and P (Family Provision; Relevance of Divorce Provision), Baynes v Hedger, Negus v Bahouse, Ilott v Mitson and others
  • Revised sections on pre-action protocols, Part 36 offers and their costs consequences, costs generally, and the appeals regime
  • Survey of proposed legislative and procedural changes, particularly the Law Commission proposals for the reform of the law of intestacy and family provision

CONTRIBUTOR INFORMATION

Sidney Ross is a barrister at 11 Stone Buildings, specialising in all areas of trust and probate work, particularly Inheritance Act claims, probate claims and administration of estates, court of protection matters and will and trust drafting. He is the author of the previous editions and a regular contributor to legal journals on family provision matters and questions of will construction.

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REVIEWS
Review by David Pickering, DWF
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