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This book is now Out of Print.
A new edition was published, see:
Inheritance Act Claims 4th ed isbn 9780414060814

Inheritance Act Claims 3rd ed


ISBN13: 9780414048515
New Edition ISBN: 9780414060814
Previous Edition ISBN: 0421893109
Published: October 2011
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Inheritance Act Claims 3rd ed 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

Subjects:
Family Law, Wills and Probate
Contents:
Origin and development of the legislation
Persons who may apply
Property available for financial provision
What the court must consider
Orders which the court can make
Reasonable financial provision
Practice and procedure
Alternative dispute resolution
Appendices.