Inheritance Act claims: Heads I win, tails you lose – CFA-funded claims under the 1975 Act

Shoosmiths LLP and New Square Chambers | November 2022 #238
Andrew Bishop and James McKean review a defendant’s attempts to compel a CFA-funded claimant under the Inheritance Act to take out insurance or make payments into court There is a fairly common misconception that a CFA-funded claimant is under an obligation to obtain ATE insurance to ensure their opponent’s costs can be paid. It is …

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The 1975 Act: Contracts to leave property by will

No5 Barristers’ Chambers (Chambers of Adrian Keeling QC and Jonathan Jones QC) | December 2021 #229
Sismey v Salandron illuminates the risks to a party attempting to hold an estate to a lifetime contract that property would be left to them, or to anyone seeking to unbind the estate from the ties of such a contract. Imogen Halstead discusses While the court has previously discussed the possibility of collusive divorce settlements …

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The 1975 Act: Establishing genuine financial need

Wright Hassall Solicitors | June 2021 #224
Recent claims from adults under the 1975 Act abound. Laura Abbott differentiates the winners from the losers While the claimant in this case was the deceased’s granddaughter, and so claiming under s1(1)(e) as a person maintained as opposed to a child under s1(1)(c), the judge’s approach to the case and rationale mirrors that in recent …

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1975 Act: ‘Til death do us part?

Boodle Hatfield LLP | May 2021 #223
Jessica Woollard and Alexandra Hirst revisit 1975 Act claims and financial remedies on divorce A former spouse or civil partner may be able to bring a claim under s81(1)(ba) of the 1975 Act if the parties legally separate and subsequently cohabit. In Chekov v Fryer [2015], the defendants applied to strike out an application under …

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