"This unique title is a practical and portable guide aimed at those who require detailed advice on inheritance claims rather than wills or estates. This title addresses the practicalities of this area and looks at claims made by spouses, cohabitants and maintained persons, as well as: persons entitled to claim; property available for distribution; taxation implications; time limits; court procedure."

This handbook is a practical and self-contained guide dealing purely with inheritance claims, an area which is often absorbed into other areas of law. Written for all practitioners, from lawyers to banks to advice centres and charities, it includes practicalities and checklists. It covers the court procedures necessary for making a claim, and has examples of relevant case scenarios.

This new edition is a comprehensive, accessible, and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975. It provides up-to-date guidance on the law, practice, and procedure on the ever-increasing applications for financial provisions under the Act. The provisions of the Act and its interpretation by the courts are set out and explained by providing summaries of relevant cases. The book also contains a step-by-step guide to the preparation of a case under the Act and the practice and procedure to process an application through the courts. The introduction provides an overview of the background of the legislation, the amendments that have been made, and the issues that still need to be resolved, particularly in relation to cohabitants. Each chapter comprehensively deals with information on the preconditions and time limits to prepare for an application to be made under the Act. These include issues such as domicile, limitation of time, eligibility, grounds for making a claim and the necessary factors to establish a claim. The book also provides useful information on claims based on constructive trusts and proprietary estoppel which so frequently arise in farming claims and claims made by cohabitants and other family members. The new edition sets out the challenges of cryptocurrencies, crypto assets, and currency. It also emphasises the importance of engaging in negotiations and mediation as part of the pre-proceedings steps to be taken, and the adverse impact on costs of failure to do so or frustrating attempts made to resolve the issues by agreement. The Appendices contain the 1975 Act, as amended, various Rules and Practice Directions, ACTAPS Practice Guidance, as well as precedents which provide a checklist of the information and evidence necessary to establish a case for each category of eligible claimant.

This new edition of A Practitioner's Guide to Probate Disputes provides an invaluable guide to the relevant legal framework and the basis on which a will and other testamentary provisions may be challenged. This second edition details the issues that personal representatives must deal with, including grounds for their removal and replacement; lifetime testamentary dispositions and claims; the challenges that can be made in relation to them, and the new measures introduced in relation to the execution and attestation of a will as a result of the COVID-19 pandemic. It also specifically covers wills procured as a result of fraud. This book supplies guidance as to best practice and sets out examples from recent case law to illustrate the legal requirements and the problems which can arise from poor will drafting and a failure to investigate sufficiently all the circumstances relating to the testator/testatrix and their capacity to make a will. New chapters are included on burial disputes and personal representatives. The chapter on procedure for making applications has been expanded to include Pre-Actions steps and disclosure generally. A comprehensive commentary on liability for costs has also been added.

This practical book provides an excellent guide to claims brought under the Inheritance Act (Provision for Family and Dependents) 1975. The book offers comprehensive coverage of the area, including a guide to the legislation and discussion of the problems faced by practitioners when dealing with cases.

A Practitioner's Guide to Trusts is a step-by-step guide to all the practical aspects of trust law. Written by an expert and highly respected author, this handbook provides practical information that is as useful to accountants and trust practitioners as it is to lawyers.Written by an expert and highly respected author, this handbook provides practical information that is as useful to accountants and trust practitioners as it is to lawyers. It has been fully updated and revised to take into account the latest Finance Act.KEY FEATURES:Includes changes to IHT treatment of trusts subject to the relevant property regime (simplification of the calculation of IHT charges on trusts at ten-yearly intervals or when assets are transferred out of the trust);Expanded analysis on income tax and CGT treatment of trusts;The book has been designed to make key information easy to find and assimilate and includes signposts to provide useful summaries and focus points to highlight important issues;Case law includes the IHT Pawson holiday let case (28 Jan 2013).Includes coverage of the following areas:Breach of trust;Capital Gains Trust and second residences;Income tax and settlor interested trusts;Ownership of house (Jones v Kernott);Ownership of monies in joint bank account;Proprietary estoppel;Removal of trustees;Severance of joint tenancy.Previous edition ISBN: 9781847667687

A Practitioner's Guide to Powers of Attorney, Eighth Edition is a practical, user-friendly and easy to read guide to all forms of power of attorney including ordinary power of attorney, lasting power of attorney and enduring power of attorney. Offering a detailed overview of the subject as a whole, this book also provides in-depth advice on more specific and complex areas including execution of documents and protection of third parties. Fully up to date with the latest legislation and case law, this new edition responds to questions, such as: Can you modify the circumstances in which the appointment of replacement attorneys become effective, or are you bound by what is in the Act?; Can you extend the power of attorneys to make gifts?; Can the donor authorise an attorney to change the will of the donor?; If two or more attorneys are appointed jointly and severally, can the donor require two attorneys to make some decisions?; Can a donor require an attorney to obtain the consent of a third party to a transaction?; If a partner in a limited liability partnership is appointed as attorney, can an employee of the firm give the certificate?; How will the court deal with objections to the registration of a power? This is an invaluable handbook for solicitors, legal executives, accountants, will writers, licensed conveyancers, banks and building societies, and anyone who is acting under a power of attorney and needs to know their powers, duties and rights.