Holliday v Musa [2010] WTLR 839

1975 Act claims: What is ‘maintenance’?

Vlad Macdonald-Munteanu reviews the quantification of awards under the Inheritance (Provision for Family and Dependants) Act 1975 for elderly claimants ‘The take-away point is to help the court help you by ensuring that all figures are backed up with evidence and, where appropriate, expert reports.’ For many years, practitioners and judges alike have grappled with …

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Inheritance And Trustees: Moving with the times

Mark Keenan and Bethan Byrne examine changes to family provision claims ‘The s3 criteria effectively amount to a “balancing exercise” which the court must undertake to weigh up the competing factors in considering whether reasonable financial provision has been made for a claimant.’ The Law Commission project ‘Intestacy and Family Provision Claims on Death’ began …

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Shari’ah Law: Understanding your client

Jo Summers explains the point of the Law Society’s shari’ah practice note on wills, succession and trusts ‘There is nothing in English law to prevent someone choosing, for religious reasons, to distribute their estate in accordance with shari’ah succession laws.’ A great outcry erupted in March when the Daily Telegraph announced that ‘Islamic law is …

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Probate: Family politics?

Morris v Davies is a reminder of the rules governing probate, domicile and anti-suit injunctions, as Edward Rowntree sets out ‘Any injunction prohibiting a claimant from bringing an action before a foreign court is regarded as constituting an unacceptable interference with the jurisdiction of the foreign court and, as such, is incompatible with the system …

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