Claims under the 1975 Act - A Comprehensive Guide to Avoiding Disputes, Pitfalls & Traps - Live at Your Desk
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Claims under the 1975 Act - A Comprehensive Guide to Avoiding Disputes, Pitfalls & Traps - Live at Your Desk
Introduction
This live broadcast will provide comprehensive guidance on avoiding, limiting, managing, and resolving claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Where disputes cannot be avoided it will cover the most effective ways of concluding those disputes successfully, expeditiously and at proportionate cost including the growing range of options for ADR.
What You Will Learn
This live and interactive broadcast will cover the following:
- The relevant procedure and the application of the CPR: Applications before grant and a closer look at CPR Parts 8, 36 and 57 and the practice direction on pre-action behaviour
- Domicile: The Court of Appeal jurisprudence and the impact of the Inheritance and Trustees Powers Act 2014
- Permission to apply out of time: the correct approach to section 4 after Thakare v Bhusate, Cowan v Cowan and Begum v Ahmed
- Retrospective severance of joint property under section 9
- Anti-avoidance and injunctive relief
- The overlaps with other claims including those pursuant to ToLATA and Proprietary Estoppel
- A detailed examination of applicants and the particular challenges and outcomes:
- Spouses: standard of provision, the divorce fiction, what are ‘marital assets’, the changing landscape of financial remedies cases
- Former spouses: sections 14 and 15 of the Act
- Cohabitees: what constitutes ‘living as man and wife’; when are parties ‘living in the same household’?
- Children and stepchildren: the jurisprudence post Ilott: Shapton v Seviour, Re H, Rochford v Rochford, In the Estate of R, Miles v Shearer
- Dependants
- Conduct: Wright v Waters
- ADR and mediation:
- Mediation v Arbitration
- Early Neutral Evaluation v FDR
- Pre-action conduct
- Cost penalties
- Recovery of Uplifts post Hirachand
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.