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Cover of Civil Jurisdiction and Judgments

Civil Jurisdiction and Judgments

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Family Court Practice


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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Inheritance Act Claims: A Practical Guide 2nd ed isbn 9781784460808

Inheritance Act Claims: A Practical Guide

ISBN13: 9781853285530
ISBN: 1853285536
New Edition ISBN: 9781784460808
Published: December 2006
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print

This highly practical book provides a comprehensive guide to claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. The authors examine each class of applicant, including the new category for civil partners and, drawing on their own experience, they discuss the criteria that the court will apply.

The book offers support and guidance to practitioners at every stage of a claim, including:

  • an authoritative guide to the legislation
  • discussion of the problems faced by practitioners when dealing with cases
  • explanation of the procedure involved
  • practical advice on assessing quantum claims
  • guidance on the tax implications of orders and compromises.
The appendix materials include a range of helpful precedents, the new ACTAPS Practice Guidance for the Resolution of Probate and Trust Disputes, and extracts from all the relevant legislation and Civil Procedure Rules.

Family Law, Wills and Probate
1. Introduction;
2. Threshold of the jurisdiction
3. Categories of applicant
4. Matters which the Court will take into account
5. Orders which the Court can make;
6. Anti-avoidance provisions;
7. Variation of matrimonial, dissolution and separation orders;
8. Procedure;
9. Compromise of a claim;
10. Will drafting and the interrelation between 1975 Act and other claims