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Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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Inheritance Act Claims 2nd ed


ISBN13: 9780854900787
Previous Edition ISBN: 1898899711
Published: July 2011
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Paperback
Price: £62.00



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Inheritance Act Claims provides a clear, comprehensive, easily accessible and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 as amended.

It sets out in detail material which is likely to be of assistance to lawyers and non-lawyers relating to the background to the legislation:-

  • pre-conditions and time limits for making a claim,
  • categories of those who are entitled to make a claim,
  • grounds on which a claim may be made;
  • the matters to which the court must have regard in deciding a claim and the court powers to make orders including the powers of the court in respect of dispositions intended to defeat a claim,
  • the assets out of which financial provision under the Act may be made,
  • the position of personal representatives and trustees
  • and the practice and procedure of making a claim.
It contains relevant information relating to cohabitants, the impact of the Civil Partnership Act 2004 and the Human Fertilisation and Embryology Acts 1990 and 2008.

The appendices include a range of sample forms and precedents, the text of the 1975 Act and the relevant provisions of the CPR.

Subjects:
Family Law, Wills and Probate, Wildy, Simmonds and Hill
Contents:

Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of International Materials

1. Introduction
1.1 Background
1.2 Proposals for law reform

2. Domicile
2.1 Introduction
2.2 Domicile of origin
2.3 Domicile of dependency
2.4 Domicile of choice
2.5 The Law Commission’s Consultation Paper, 26 October 2009

3. Time Limits
3.1 Introduction
3.2 Commencement of the period of 6 months
3.3 Claim made before grant
3.4 Applications in respect of joint property – I(PFD)A 1975,section 9
3.5 Extension of time
3.6 Procedure
3.7 Burden of proof;

4. Claimants
4.1 Introduction
4.2 Spouse of the deceased
4.3 Civil partner of the deceased
4.4 Former spouse of the deceased who has not remarried
4.5 Former civil partner of the deceased
4.6 Heterosexual cohabitant of the deceased
4.7 Child of the deceased
4.8 Any person treated as a child of the family
4.9 Any person (not being a person included in the foregoing paragraphs) who immediately before the death of the deceased was being maintained either wholly or partly by the deceased

5. Forfeiture
5.1 Introduction
5.2 Order modifying the effect of the rule
5.2 The cases
5.3 Summary
5.5 The Law Commission’s Recommendations

6. Basis of the Claim
6.1 Grounds on which a claim may be made
6.2 Meaning of ‘reasonable financial provision’ for claims made by spouse or civil partner of the deceased
6.3 Reasonable financial provision for surviving spouses/civil partners and those who come within I(PFD)A 1975, sections 14 and 14A
6.4 Meaning of ‘maintenance’

7. Matters to which the Court is to Have Regard
7.1 Introduction
7.2 Criteria in I(PFD)A 1975, section 3
7.3 Financial resources and financial needs – I(PFD)A 1975, section 3(1)(a)–(c)
7.4 Deceased’s obligations and responsibilities – I(PFD)A 1975, section 3(1)(d)
7.5 Size and nature of the net estate – I(PFD)A 1975, section 3(1)(e)
7.6 Physical and mental disability of any claimant or beneficiary – I(PFD)A 1975, section 3(1)(f)
7.7 Any other matter including conduct – I(PFD)A 1975, section 3(1)(g)
7.8 Factors relevant to surviving spouse, former spouse and civil partner and cohabitants
7.9 What surviving spouse/civil partner might reasonably have expected to receive on divorce/dissolution – divorce comparison test
7.10 Factors which apply to former spouse/civil partner or cohabitant
7.11 Claim by surviving husband
7.12 Claims by children of the deceased and children of the family – I(PFD)A 1975, section 1(1)(c) and (d)
7.13 Claims by person maintained by the deceased – I(PFD)A 1975, section 1(1)(e)
7.14 Assumption of responsibility by the deceased – I(PFD)A 1975, section 3(3) and (4)

8. Powers of the Court to Make Orders
8.1 Introduction
8.2 Periodical payments – I(PFD)A 1975, section 2(1)(a)
8.3 Lump sum order – I(PFD)A 1975, section 2(1)(b)
8.4 Transfer of property order – I(PFD)A 1975, section 2(1)(c)
8.5 Settlement of property order – I(PFD)A 1975, section 2(1)(c)
8.6 Acquisition of property order – I(PFD)A 1975, section 2(1)(e)
8.7 Variation of nuptial settlement – I(PFD)A 1975, section 2(1)(f) and (g)
8.8 Consequential and supplemental orders – I(PFD)A 1975, section 2(4)
8.9 Interim orders – I(PFD)A 1975, section 5
8.10 Injunctions
8.11 Variation, discharge, suspension and revival of orders – I(PFD)A 1975, section 6
8.12 Variation and discharge of secured periodical payments orders made under Matrimonial Causes Act 1973 – I(PFD)A 1975, section 16
8.13 Variation and revocation of maintenance agreements – I(PFD)A 1975, section 17
8.14 Court’s powers in relation to applications under MatrimonialCauses Act 1973, sections 31 and 36 – I(PFD)A 1975, section 18
8.15 Effect, duration and form of orders – I(PFD)A 1975, section 19

9. The Net Estate
9.1 Introduction
9.2 Definition – I(PFD)A 1975, section 25(1)–(3)
9.3 Property which the deceased had power to dispose of by will
9.4 Property under general power of appointment
9.5 What may be deducted from the net estate?
9.6 Nominated property – I(PFD)A 1975, section 8(1)
9.7 Donatio mortis causa – I(PFD)A 1975, section 8(2)
9.8 Property held on joint tenancy – I(PFD)A 1975, section 9

10. Dispositions Intended to Defeat Financial Provision
10.1 Introduction
10.2 Inter vivos disposition
10.3 Contracts to leave property by will

11. Personal Representatives and Trustees
11.1 Introduction
11.2 Liabilities under the I(PFD)A 1975
11.3 Protection afforded by I(PFD)A 1975, section 20
11.4 Trustees

12. Procedure
12.1 Introduction
12.2 Pre-Action Protocol
12.3 Venue
12.4 Claim form
12.5 Claimant’s witness statements/affidavit
12.6 Party under disability
12.7 Service
12.8 Acknowledgement of service and defendant’s evidence
12.9 Interlocutory matters, directions and case management
12.10 Disclosure
12.11 Attempts/offers to settle
12.12 Hearing
12.13 Endorsement of memorandum on grant
12.14 Drawing up and service of orders
12.15 Subsequent applications

13. Appeals
13.1 Introduction
13.2 Permission to appeal
13.3 Route of appeal
13.4 Time limits
13.5 Stay of execution
13.6 Grounds of appeal
13.7 Procedure
13.8 Procedural table

Appendices
A1 Precedents

Series: WS&H: Wills & Probate

Wills: A Practical Guide ISBN 9780854900909
Published November 2011
Wildy, Simmonds and Hill Publishing
£32.50
A Step-by-Step Guide to Wills and Probate 5th ed ISBN 9780854900831
Published June 2011
Wildy, Simmonds and Hill Publishing
£15.95