A Practical Guide to Defending an Inheritance Act Claim

This practical guide to the defending of claims under the Inheritance (Provision for Family and Dependants) Act 1975 is intended to provide a detailed overview to practitioners and Defendants, both Personal Representatives and beneficiaries, 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 defence to a claim and follow it through to settlement or trial. Together with its sister title, ‘A Practical Guide to Bringing 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 One – Introduction Chapter Two – Who Can Bring a Claim? Chapter Three – Section 3 Factors Chapter Four – Spousal Claims Chapter Five – Role of Executors Chapter Six – Funding Chapter Seven – Responding to Pre-Action Correspondence and Safeguarding the Estate Chapter Eight – ADR Chapter Nine – Assessing the Claim? Chapter Ten – Responding to Proceedings as a Beneficiary Chapter Eleven – CMC/CCMC Chapter Twelve – ENE/FDR Chapter Thirteen – Offers Chapter Fourteen – Preparing for Trial Chapter Fifteen – Trial Chapter Sixteen – Costs Chapter Seventeen – Drafting an Order Chapter Eighteen – Appeals Chapter Nineteen – Look Forward