Wills & Trusts Law Reports | Autumn 2021 #184The claimant was the widow of Gohlam Dastagir Shanavazi (the deceased), who had died intestate on 29 December 2011. They had five children of whom four were adults by the time of the hearing. The claimant brought the Part 8 claim on behalf of the youngest child, her minor son Ilyas Firas Shanavazi, who was now 16.
Under German law Ilyas was entitled to a 1/10th share of his father’s estate. The claim was brought to allow the claimant on behalf of Ilyas to enter into a contract of sale of a property in Germany and to convey the property to the purchaser.
The claimant, the de...
Edward Kitchen outlines best practice when dealing with a claim under Schedule 1 to the Children Act 1989 ‘Property settlements under Schedule 1 are made with the express purpose of reverting to the settlor once the child reaches majority or completes education.’ At a time when it seems that the traditional family structure appears to …
Continue reading "Children Act 1989, Schedule 1: Alternative route"
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Rebecca Tarn sets out best practice for a successful Schedule 1 Children Act 1989 claim There appears to be some recognition that given that provision for a child only lasts during their dependency (at which time any property adjustment or settlement will revert to the respondent), the applicant should not be prohibited from making some …
Continue reading "Children Act 1989, Schedule 1: The cost of childcare"
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In the first half of a two-part analysis, Andrew Moore discusses practical and tactical considerations when providing a home under Schedule 1 to the Children Act 1989 ‘Current case law is still firmly opposed to restricting parents with residence from internal relocation unless there is a legitimate reason to do so.’ Given the diverse nature …
Continue reading "Children Act 1989: House and home"
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