1975 Act claims – Law Journals

Succession: Cultural approaches to protection in succession law

Dr Diane Le Grand de Belleroche compares the new French withholding rights with the Inheritance (Provision for Family and Dependants) Act 1975 While the new French withholding rights (‘prélèvement compensatoire‘) can, in some situations, benefit ‘each child, or his heirs or successors in title’, the Inheritance Act 1975 provides for more categories of applicants and …

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Inheritance Act: Good timing

Laura Abbott and Andrew Bishop examine a landmark case that establishes that a claim against an estate as a dependant can be made pre-grant, and that parental responsibility exists without being a step-parent Antonio is a significant case because it confirms the court can and will consider applications and make orders pre-grant. The Inheritance (Provision …

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Contentious probate: When enhanced provision is sought by spouses under the Inheritance Act

Thomas Entwistle analyses an application under the Inheritance (Provision for Family and Dependants) Act 1975 that has valuable practice points for practitioners Mrs Ramus’ main concern with the provision made for her under the will was that the trustees had power to terminate her life interest. This article discusses the recent decision of Upper Tribunal …

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

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

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

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?

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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