Podcast Location:
Download it here [file size: 26.4 MB]
Categories:
Wills, Inheritance & Succession
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
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 Difficulty: 3 of 5
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.
Tags:

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

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