The 1975 Act: Applying the principles

Pump Court Chambers (Chambers of Oba Nsugbe QC) | January/February 2022 #230
Amy Berry provides practical points on seeking to extend time under s4 of the Inheritance (Provision for Family and Dependants) Act 1975 It is of fundamental import to remember that the divorce fiction, to which the pre-acquired/non-matrimonial asset issue relates, is only one aspect of the s3 criteria that the court must weigh when considering …

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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: After Ilott

The Burnside Partnership | September 2021 #226
Tara McInnes reports on a recent decision in the county court that indicates an understanding approach towards an eligible claimant with little provision and financial need The judge was keen to point out that we still have a system of testamentary freedom. To enable the courts to interfere with such freedom, it needs to be …

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