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Dictionary of TLATA and Inheritance Act Claims 2024


ISBN13: 9781801611046
Previous Edition ISBN: 9781801610612
Published: March 2024
Publisher: Class Legal
Country of Publication: UK
Format: Paperback
Price: £80.00



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The Dictionary of TLATA and Inheritance Act Claims sets out the key concepts, cases and practice in four important areas where family law overlaps with the law of trusts and real property: (i) the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA’); (ii) applications for financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975; (iii) Schedule 1 applications for financial relief for children; and (iv) an overview of civil procedure and the Civil Procedure Rules 1998. This publication contains a procedural guide and table of relevant cases.

The book is divided into sections with an easy-to-use A-Z format and detailed footnotes. Each entry contains a practice note, citing the leading cases and practice points. It contains procedural guides and tables of relevant cases and statutory material. The book distils the experience of the authors and aims to provide concise, practical and above all helpful guide to everything from detriment to cost budgeting, and from classes of applicants to the rights of engaged couples.

This 2024 edition has been fully updated to include changes and developments in the law from the last 12 months and includes a comprehensive new section on Intervenors, consisting of: Case Management in Intervenor Claims; Costs in Intervenor Claims; Family Court's Role in Intervenor Claims; Joinder of Intervenor as a Party and Subject Matter of an Intervenor Claim. There are also new entries on illegality, Unjust Enrichment, Variation of Equitable Interests and Interim Provision.

The guidance is packed into a portable A4 book, which will be updated annually, which will make the Dictionary of TLATA and Inheritance Act Claims the perfect court companion and trusted library reference.

Who would find this book useful?

  • Solicitors, barristers and legal executives who practice mainly in family law, but who also act in claims involving cohabitees, intervenors, or where a claim is made against an estate under the 1975 Act or on behalf of a child under Schedule 1
  • Family Court and Business and Property Court judges who regularly deal with TLATA and 1975 Act claims
  • Mediators and other professionals involved in out of court dispute resolution
  • McKenzie Friends, litigants in person or anyone else who needs to be updated in on civil procedure and the sometimes obscure world of TLATA and the 1975 Act

Subjects:
Family Law
Contents:
Foreword to the second edition
Introduction to the 2024 edition
Section 1: TLATA
Ambulatory Trust: Changed Intentions
Concluded Agreements under TLATA
Constructive Trust: Overview
Constructive Trust: Joint vs Sole Name Overview
Constructive Trust: Express Common Intention
Constructive Trust: Implied Common Intention
Constructive Trust: Quantification
Constructive Trust: Imputation
Conveyancing File
Detrimental Reliance
Engaged Couples
Equitable Accounting and Compensation: Overview
Equitable Accounting: Mortgage Instalments
Equitable Accounting: Occupation Rent
Equitable Accounting: Repairs and Improvements
Equity of Exoneration
Excuse Cases
Express Declarations of Trust and Conclusive Effect
First-tier Tribunal (Property Chamber)
Foreign Properties: Jurisdiction
Illegality
Interaction between TLATA and the Matrimonial Causes Act 1973
Investment Properties
Joint Tenancy, Tenancy in Common
Notices
Orders for Sale in TLATA
Orders for Sale: Claims by Creditors and Trustees in Bankruptcy
Orders Permitting a Buy Out of Property by a Beneficiary
Proprietary Estoppel
Rescission and Rectification of Express Trusts
Restrictions
Resulting Trusts
Satellite Issues: Bank Accounts, Shares, Chattels
Section 2 Law of Property (Miscellaneous Provisions) Act 1989
Severance of a Joint Tenancy
Stack Presumptions
TLATA Statutory Framework
Unjust Enrichment: Overview
Variation of Equitable Interests
Section 2: Inheritance Act
Anti-Avoidance Provisions
Classes of Applicants
Compromise
Costs: Personal Representatives and Conditional Fee Agreements
Domicile
Inheritance (Provision for Family and Dependants) Act 1975: Overview
Interim Provision
Orders: Periodical Payments, Lump Sum, Transfer of Property, Variation of Settlement
Proof of Death
Property Forming Part of the Net Estate
Reasonable Financial Provision
Section 3 Factors
Special Factors
Time Limits
Section 3: Civil Procedure (TLATA & I(PFD)A)
ADR
Allocation and Tracking
Arbitration
Calderbank Offers
Case Management Conferences
Costs
Costs Budgeting and Costs Management
CPR Part 57: I(PFD)A 1975 Claims
CPR PD 57AC: Witness Statements
Default Judgment
Directions Questionnaires
Disclosure Rules under CPR Part 31 and CPR PD 57AD
Early Neutral Evaluation, Chancery FDR and Settlement Conferences
Enforcement: Execution of Documents
Expert Evidence
Issuing Proceedings: High Court or County Court/Business and Property Courts or Family?
Part 7 or Part 8: How to Commence the Claim
Part 36 Offers
Pre-Action Protocols (Procedure)
Summary Judgment
Tomlin Orders
Transparency
Section 4: Schedule 1
Child Maintenance (Including Top Up Cases)
Class of Applicants (Including When a Child May Apply)
Costs Allowances
Costs Rules in Schedule 1 and Calderbanks
Definition of Child
Enforcement
Exercise of Schedule 1 Jurisdiction: Relevant Factors
Expert Evidence in Schedule 1
Interface between Schedule 1, MCA and TLATA
Interim Provision
Jurisdiction to Deal with Child Maintenance
Lump Sum Orders
Powers under Schedule 1
Pre-Action Protocols
Procedure: Disclosure (Including the ‘Millionaire’s Defence’)
Procedure: Fast-Track
Procedure: Standard Procedure
Settlement of Property
TLATA and Schedule 1: Joinder and Parallel Proceedings
Variation
Section 5: Intervenors
Case Management in Intervenor Claims
Costs in Intervenor Claims
Family Court’s Role in Intervenor Claims
General Points in Intervenor Claims
Joinder of Intervening Parties
Subject Matter of an Intervenor Claim
CPR Procedural Table