A Practical Guide to Bringing an Inheritance Act Claim

This practical guide to the bringing of claims under the Inheritance (Provision for Family and Dependants) Act 1975 is intended to provide a detailed overview to practitioners and claimants as to the practicalities of such claims. It provides an historical overview putting the 1975 Act into context, then sets out in an accessible and approachable manner how to put together a claim and follow it through to settlement or trial. Together with its sister title, ‘A Practical Guide to Defending an Inheritance Act Claim’, they form a comprehensive guide to such litigation, though there is significant overlap between the text of the two works, for reasons that should be clear. With Chris Bryden’s other book, ‘A Practical Guide to the Death of a Spouse During Divorce’, they amount to a comprehensive resource. A combination of a practical analysis of the legal frameworks and case law that applies, and practical tips and guidance for practitioners that find themselves in a position which may not be legally familiar to them, this guide is an essential addition to any private client lawyer’s written resources. Accessible, approachable, but sufficiently weighty in its analysis, it is bound to become the indispensable handbook in its field. ABOUT THE AUTHORS Chris Bryden is a barrister practising out of the Chambers of Gavin Holme at 4 King’s Bench Walk, where he is Joint Deputy Head of Chambers, Head of Family and Head of Property. He is ranked in the Legal500 as a leading Junior, and has, throughout his career, taken the decision to gain expertise in a number of linked areas of work which loosely fall into the description of private client, or “people law” as he tends to call it. This means that he has rapidly become the person clients go to where there are cross-over areas, such as where a spouse dies during divorce proceedings; where there is a family element to a will dispute of 1975 Act claim; where there are Intervenors, or companies and commercial interests, in financial remedy proceedings; or where there are complex legal questions that require a practical solution. Tori Adams is a barrister at 4 King’s Bench Walk specialising in Chancery, Property and Family law. As a pupil (including of Chris) and in her first few years of tenancy, she undertook work in all areas of Chambers’ practice, gaining valuable experience. Tori is, as a result, frequently instructed in cases in which there is a cross-over between practice areas. CONTENTS Chapter 1: Introduction Chapter 2: Who Can Bring a Claim? Chapter 3: Section 3 Factors Chapter 4: Spousal Claims Chapter 5: Initial Discussions and Evidence Gathering Chapter 6: Funding and Interim Payments Chapter 7: Pre-Action Correspondence and Safeguarding the Estate Chapter 8: ADR Chapter 9: Drafting Proceedings and Who Are the Parties? Chapter 10: Which Court? Chapter 11: Assessing the Defence Chapter 12: CMC/CCMC Chapter 13: ENE/FDR Chapter 14: Offers Chapter 15: Preparing for Trial Chapter 16: Trial Chapter 17: Costs Chapter 18: Drafting an Order Chapter 19: Enforcement Chapter 20: Appeals Chapter 21: Look Forward