Inheritance Act Claims, 4th Edition

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Inheritance Act Claims, 4th Edition

Author Sidney Ross
Publication Date September 2017
ISBN 9780414060814
Format Hardcover
Publisher Sweet & Maxwell


Since 1938, when the Inheritance Act was approved, a new legislation has been in effect. The 1975 Inheritance Act (Provision for Family and Dependents) is now in effect. This text is intended to assist the lawyer in determining the most relevant facts of a potential Inheritance Act claim at the outset of the case, as well as determining how probable he or she will be able to establish or defend an Inheritance Act claim. The book assists the practitioner in determining the merits of a potential claim as well as how much it will cost.

Key Features of Inheritance Act Claims, 4th Edition:

  • With the use of this tool, claims under the Inheritance Act of 1975 can be discovered and put together.
  • Allows the attorney to consider the merits and expenses of a potential claim.
  • You will learn about all of the important laws and cases in this book. It also outlines who it applies to, how it's applied, and what the court must examine when deciding a case.
  • This section defines who is eligible to apply under the statute. It also clarifies what domicile entails and how it impacts residents.
  • What property is part of the net estate and what property can be part of the estate is clearly shown. Section 8 specifies what property is included in the estate and what property may be included in the estate under Section 9.
  • When filing a claim under the 1975 Act, there are several guidelines to follow. Things that can happen before, during, and after you file a claim are discussed in Practice and Procedure.
  • You may obtain information on how to solve your difficulties through mediation in the new chapter on alternative dispute resolution.
  • To assist the lawyer or other individual in building their case, appendices contain all of the law, case summaries, regulations, orders, and forms required.
  • Questionnaires are used at the outset of a case to assist the lawyer in gathering all of the pertinent information. They can be used to file a claim or to defend one.
  • Precedents such as a claim form, the claimant's witness statement, and the personal representative's witness statement have been added to CPR r.57.16(5), and will be cross-referenced to the questionnaires that need them.

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