1975 Act claims: What is ‘maintenance’?

Hugh James | Trusts and Estates Law & Tax Journal | June 2018 #197
Vlad Macdonald-Munteanu reviews the quantification of awards under the Inheritance (Provision for Family and Dependants) Act 1975 for elderly claimants ‘The take-away point is to help the court help you by ensuring that all figures are backed up with evidence and, where appropriate, expert reports.’ For many years, practitioners and judges alike have grappled with …

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Quantum: Of greatest benefit?

5 Stone Buildings | Trusts and Estates Law & Tax Journal | October 2015 #170
The Court of Appeal judgment in Ilott v Mitson highlights the problem of quantifying reasonable financial provision for the adult child under s2 of the I(PFD)A 1975. Miranda Allardice explains ‘To some the passing of wealth outside the immediate family is anathema; to others it is a valuable freedom.’ The issue of quantum in the …

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Inheritance: Dual responsibilities

Blake Morgan | Family Law Journal | December 2011/January 2012 #112
Catherine Paget sets out the courts’ approach to competing claims under the Inheritance (Provision for Family and Dependants) Act 1975 ‘Where a sum of money belonging to one person is paid into a joint bank account there is a presumption that the owner of the money does not intend to make a gift of it …

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Inheritance Act: Until death do us part

Penningtons Manches Cooper LLP | Family Law Journal | September 2011 #109
Sian Hodgson and Julia Thackray consider claims under the Inheritance Act 1975 when drafting prenuptial and cohabitation agreements ‘A surviving spouse is entitled to seek such financial provision as would be reasonable in all the circumstances of a case for a spouse to receive, whether or not that provision is required for maintenance.’ One thing …

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