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Wills, Inheritance & Succession
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
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Course Aims:

The aim of this podcast is to set out some of the common difficulties which can arise under the 1975 Act and how they can be tackled and resolved. It will address, the main points to bear in mind when contemplating a claim under 1975 Act, what counts as ‘reasonable financial provision’ and what the court may award, which categories of claims are often problematic, the tax consequences of an award and some of the key procedural points in running a 1975 Act claim.

After completing the course you will:
  • Understand three key points to bear in mind with 1975 claims;
  • Know which is the relevant standard of provision that applies to your client;
  • Know what form the award can take;
  • Know the types of claim that often cause difficulty for practitioners and how to deal with them;
  • Know when an award in the form of a life interest or trust will be appropriate;
  • Know against what property an award can be made against;
  • Know the possible tax implications arising from an award under the 1975 Act;
  • Understand how the tax implications can influence how a claim under the 1975 Act might be resolved;
  • Be aware of some of the key procedural points that are particular to Inheritance Act claims.
Complex Difficulty: 4 of 5
Legal Principles
Practical Guide
Sources and References:
  • Inheritance (Provision for Family & Dependants) Act 1975 ss 2, 3, 14, 14A, 19(1);
  • Inheritance Tax Act 1984 s 5, 142, 146(8);
  • Taxation of Chargeable Gains Act 1992 s 62;
  • White v White [2001] 1 AC 596;
  • Charman v Charman [2007] 1 FLR 1246;
  • Miller v Miller [2006] 2 AC 618;
  • Salmon deceased [1981] Ch 167;
  • CPR Part 57 (and PD), Part 8, Part 36, Part 44.3.

In this podcast, James Sheedy discusses some practical points for practitioners to consider which frequently arise in claims brought under the Inheritance (Provision for Family and Dependants) Act 1975.

Podcast added: 28/01/10

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