Inheritance Act Claims: Law and Practice (3ed)

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 asFielden v Cunliffe,P v G,P and P(Family Provision; Relevance of Divorce Provision),Baynes v Hedger,Negus v Bahouse,Ilott v Mitsonand 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