Podcast Location:
Download it here [file size: 44.7 MB]
Categories:
Family Law
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 private client and family law practitioners. It aims to give a clear outline of the law governing provision for spouses and civil partners in death where a Matrimonial Property Agreement (MPA) has been entered into. The podcast aims to discuss the proposals put forward by the Law Commission to address the issues surrounding MPA’s and gives practical advice to practitioners on the matters which may determine whether a MPA will be upheld in relation to the 1975 Act. The podcast also discusses the position in relation to persons who are not married.

Outcomes:
After completing the course you will:
  • Understand the enforceability of Matrimonial Property Agreements (MPA’s) both in relation to applications for financial provision on divorce and on death under the 1975 Act and how the position differs when parties are not married;
  • Know what approach was taken by the Supreme Court in the landmark case of Radmacher v Granatino and the implications of this decision;
  • Be aware of the guidance issued by the Law Commission on the matters surrounding MPA’s;
  • Understand what factors may be relevant to the Court’s decision to uphold a MPA;
  • Understand the relevance of a lack of testamentary provision and the relevance of a testator’s reasons for the same.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Anthony v Donges [1998] 2 FLR 775;
  • Charman v Charman (No 4) [2007] 1 FLR 1246;
  • Consultation Paper No 208 Matrimonial Property, Needs and Agreements (2012);
  • Hyman v Hyman [1929] AC 610;
  • Ilott v Mitson [2011] WTLR 779;
  • Inheritance Act 1975;
  • Iqbal v Ahmed [2012] 1 FLR 31;
  • Jones v Jones [2011] 1 FLR 1723;
  • Lilleyman v Lilleyman [2013] 1 FLR 47;
  • Marital Property Agreements (2011) Law Commission Consultation Paper No 198;
  • Matrimonial Causes Act 1973;
  • N v F [2011] 2 FLR 533;
  • Nathan v Leonard [2002] WTLR 1061;
  • Negus v Bahouse [2012] WTLR 1117;
  • Pinnock v Rochester LTL 15/11/2011;
  • Radmacher v Granatino [2009] 2 FLR 1181;
  • The Wills Act 1837;
  • White v White [2001] 1 AC 596;
  • Z v Z [2012] 1 FLR 1100.
Tags:

In this podcast, Miranda-Allardice, a barrister at 5 Stone Buildings discusses the law in relation to Inheritance Act 1975 claims and in particular, the degree of protection that can be obtained by testators against the risk of post death litigation pursuant to “the 1975 Act”.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 15th April 2013

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