| Inheritance Act Claims - What you need to know in 2007 | |||
 Seminar NotesThese notes were prepared by Francis Collaço Moraes, James Holmes-Milner and Tilly Baderin for a seminar given on 13th June 2007 by the 2 Gray's Inn Square Chambers Property & Commercial Group. |
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| Index of Topics Covered | |||
| (click on a topic sub-heading to jump to the relevant section) | |||
| (notes prepared by James Holmes-Milner) | |||
| Overview | |||
| · | General | ||
| · | Intention | ||
| · | Conduct | ||
| Does your client meet the requirements? | |||
| · | Capacity to bring a claim | ||
| · | The 3-stage test | ||
| · | Unreasonable? | ||
| · | Taking instructions | ||
| Practice and procedure | |||
| · | Caveats | ||
| · | The claim | ||
| · | High Court or County Court? | ||
| · | Compromise of claims under the Act | ||
| · | Final Orders | ||
| · | Costs | ||
| (notes prepared by Tilly Baderin) | |||
| Domicile | |||
| · | Introduction | ||
| · | The consequences/importance of domicile | ||
| · | Types of domicile | ||
| · | Challenging domicile | ||
| · | Recent case law on domicile | ||
| Entitlement | |||
| · | The position of cohabitants | ||
| · | The overlap between inheritance claims and probate claims | ||
| Probate claims: contesting validity | |||
| · | Forgery | ||
| · | Incapacity / undue influence | ||
| (notes prepared by Francis Collaço Moraes) | |||
| Reasonable financial provision | |||
| · | The standard in the majority of claims | ||
| · | The standard in certain special cases | ||
| Special cases | |||
| · | Spouses | ||
| · | Unmarried former spouses | ||
| · | Civil Partners | ||
| · | Cohabitants | ||
| · | Adult children | ||
| (notes prepared by James Holmes-Milner) | |||
| Pitfalls | |||
| · | Time limit | ||
| · | Non-compliance with the rules | ||
| (notes prepared by Francis Collaço Moraes) | |||
| Remedies | |||
| · | Net estate | ||
| · | Lump sum | ||
| · | Periodical payments | ||
| · | Other forms of order | ||
| NB Legal points are provided for information and discussion only and are given without obligation – please refer to chambers for advice in specific case. | |||
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