1
Type
Speakers
CPD Hours Level
Masterclass 6 IntermediateInformation
Accreditation Information
SRA Competency B

Introduction

This course 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 course 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 Berger v Berger
  • 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’? Kaur v Dhaliwal
    • Children and step- children: where are we after Ilott
    • Dependants
    • Conduct: Wright v Waters
  • ADR and mediation:
    • Mediation v Arbitration
    • Early Neutral Evaluation v FDR
    • Pre-action conduct
    • Cost penalties

Quick Quiz - Test Your Knowledge: Just click Wills, Probate & IHT

Book now

Future dates are coming soon.
Please let us know if you wish to be notified.
Prices (ex VAT)
Smart
Plan Information
£280
Season
Ticket Information
£420
Standard
£560
Group bookings
Discounts are available for multiple places and if you have 5 or more people interested in this course and would like to discuss holding it in your area or on an in-house basis then please email us at information@mblseminars.com
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