A Practitioner’s Guide to Inheritance Act Claims (4th edition)

With claims against estates for financial provisions increasing rapidly, it is necessary to have clear commentary and direction on how cases should be brought, managed and even settled.

This is one such necessary step-by-step guide. Its practicality was immediately obvious as I found myself considering the application of its contents to my own caseload.

The text follows the same format as the previous edition. The guide comprises 13 chapters, with each speaking to essential aspects of claims being brought and challenged under the Inheritance (Provisions for Family and Dependants) Act 1975. Chapter 10 is particularly helpful; it discusses options available to claimants where an estate has been dissipated to frustrate their claim.

The appendices contain some useful precedents and I hope to see these built on substantively in future editions to further assist practitioners.

The book, despite its succinctness, is wide-ranging, with the author’s technical knowledge apparent at every juncture. It discusses most, if not, all aspects and challenges of bringing financial provision claims. These range from dealing with uncertain assets such as cryptocurrencies to the impact on parties of not taking sensible approaches to resolution. Commentary on the court interpretation of the legislation is appreciated.

Each subject is concisely explained and discussed in accessible language.

References to relevant legislation and case law within the commentary are also useful and will help even the novice practitioner.  

Sangeeta Rabadia is a partner in the private wealth department at Spencer West, London