Inheritance Act 1975 - Adult Children, Estranged Wives & Other Tricky Points
- Podcast Location:
- Download it here [file size: 26.4 MB]
- Categories:
-
Wills, Inheritance & Succession
- CPD Points:
- Up to 1 point. details »
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast is aimed at practitioners with an inheritance dispute/matrimonial focus to their practice. It briefly outlines the scope of the Inheritance Act 1975 and then goes on to deal with claims by adult children, claims by estranged spouses – typically those married to the deceased for a short time - and then goes on to discuss some of the practical aspects of settlement and claims management.
- Outcomes:
- After completing the course you will:
- Know the factors driving the recent spate of inheritance disputes;
- Know what counts as reasonable provision for a Claimant;
- Know how the court can satisfy a claim;
- Understand how to manage a client’s expectations in inheritance disputes;
- Understand the issues surrounding the standing of an adult child to claim under the 1975 Act;
- Understand the importance of ‘need’ in any analysis of a claim;
- Be aware of the impact of the Court of Appeal decision in Ilott;
- Understand the approach to ‘short marriage’ cases in inheritance disputes;
- Be aware of the points of similarities and difference between ancillary relief cases and claims under the 1975 Act;
- Know the extent to which assets can be sheltered from an inheritance claim using a pre or post nuptial agreement;
- Know the burdens on practitioners to defend an estate from attack;
- Understand the key practical issues when seeking to resolve an inheritance dispute;
- Understand the proper role of executors in an inheritance dispute.
- Level:
- Intermediate
- Classification:
-
Case Update
Legal Principles
Practical Guide
- Sources and References:
-
- Inheritance (Provision for Family & Dependants) Act 1975;
- Matrimonial Causes Act 1973;
- Ilott v Mitson & Ors [2011] EWCA Civ 346;
- Re Dennis (deceased) [1981] 2 All ER 140;
- Negus v Gordon Charles Bahouse & Anor [2007] EWHC 2628 (Ch);
- In Re Coventry (deceased) [1980] Ch 461;
- Fielden & Anor v Cunliffe [2005] EWCA Civ 1508;
- Radmacher v Granatino (Rev 4) [2010] UKSC 42;
- Miller v Miller [2005] EWCA Civ 984;
- White v White [2001] 1 AC 596.
In this podcast, matrimonial barrister Miranda Allardice from 3 Pump Court guides us through some of the tricky aspects of the Inheritance Act 1975. It examines the position of an adult child Claimant following Ilott v Mitson before going to assess the similarities between inheritance and ancillary relief claims.
Podcast added: 27/10/2011
