Claims under the 1975 Act - A Masterclass on How to Avoid Disputes, Pitfalls & Traps

Introduction

This full day in-person 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 - a close look at CPR Parts 8 and 57 and the practice direction on pre-action behaviour
• Domicile
• Permission to apply out of time - the correct approach to section 4 after Bhusate, Cowan and Begum
• Retrospective severance of joint tenancies under section 9
• Anti-avoidance and injunctive relief
• The procedural and practical challenges of overlapping claims pursuant to TOLATA, proprietary estoppel, probate and otherwise
• A detailed examination of applicants and the particular challenges and outcomes:
• Spouses - standard of provision, the divorce fiction, what are ‘marital assets’, recent developments in financial remedies cases
• Former spouses
• Cohabitees - what constitutes ‘living as man and wife’, when are parties ‘living in the same household’?
• Children and ‘step-children’. Claims by adult children, conduct and moral obligations. Quantification of claims by minor or disabled children
• Other dependants
• ADR, mediation and costs:
• Mediation, arbitration, ENE and FDR
• Pre-action conduct and compromise pre-action
• Part 36