Inheritance Act – Law Journals

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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Clarke v Allen & anr WTLR(w) 2019-10

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Inheritance Act: Defining maintenance

Michael Radnor provides an analysis of the Court of Appeal decision in Lewis v Warner as to what constitutes reasonable financial provision ‘Maintenance, and thus the applicant‘s need, does not need to be purely financial as it is “flexible and falls to be assessed on the facts of each case“, and therefore could include the …

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Inheritance Act: Competing claims

Yorke Eaton and Christopher Noel examine whether the Supreme Court decision in Ilott v The Blue Cross reinforces the principle of testamentary freedom in financial provision cases ‘I(PFD)A 1975 requires a broad-brush approach from the judge to very variable personal and family circumstances.’ On 15 March 2017 the Supreme Court handed down its judgment in …

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Inheritance Act: Cutting the cord

Lottie Tyler reviews how an adult child’s conduct can affect a claim brought under the Inheritance Act (Provision for Family and Dependants) 1975 ‘It appears that the courts will often focus on preserving a wide discretion, but this creates a level of unpredictability as to the weight conduct is given.’ The successful claims brought by …

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Inheritance Act: Planning ahead

Anna Heenan looks at changes to the Inheritance (Provision for Family and Dependants) Act 1975 and the potential use of nuptial agreements ‘Nuptial agreements cannot exclude the jurisdiction of the court in Inheritance (Provision for Family and Dependants) Act 1975 claims but they do have the potential to play a role in pre-empting and defending …

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Inheritance Act: Until death do us part

Sian Hodgson and Julia Thackray consider claims under the Inheritance Act 1975 when drafting prenuptial and cohabitation agreements ‘A surviving spouse is entitled to seek such financial provision as would be reasonable in all the circumstances of a case for a spouse to receive, whether or not that provision is required for maintenance.’ One thing …

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