Inheritance Act Claims: A Practical Guide (3rd edition)

Inheritance Act claims can strike fear in many practitioners. This is the glaring wrinkle in the principle of complete testamentary freedom under the law in England and Wales. When drafting wills, clients and their advisers should be aware of claims – but it can seem byzantine at times.

This book strikes a good balance, with some initial chapters on the preliminary matters of domicile, followed by the nitty-gritty of the mechanics of the act, and bringing claims. There is discussion about anti-avoidance provisions, and then a healthy section dedicated to practical issues, including procedure, orders the court can make, alternative dispute resolution and will-drafting.

The preliminary section on domicile is rudimentary. In this context, that is not a criticism. The chapter should be a reminder since a full-blown discussion would seem out of place. The details of how the act works are dealt with well. There are useful headings and each section is covered in a logical and easy-to-understand order. It is also easy to dip in and out to find a specific section. The separation of the various issues is to be commended. This makes it easy not only for a beginner to get to grips with the subject, but also for a seasoned practitioner to find commentary on a specific issue.

The section on the court’s approach and provision for different applicants is particularly helpful. It is well considered and explained with ease. This is invaluable for a practitioner considering a claim.

As the book states, this is a practical guide so the rest is dedicated to more prosaic matters. Some may want more details in the procedure section. However, the book covers all the key points without delving into quirks and nuances that arise only rarely. The section on compromise is good to see and will be useful to practitioners. It is dealt with in a practical, user-friendly way, showing advisers how matters can be resolved outside the court system.

The chapter on will-drafting is particularly welcome, providing good discussion on potential claims against a will-drafter and drafting issues.

In summary, this text is indeed a practical guide to Inheritance Act claims. It provides clear and concise discussion on the principles and mechanics, followed by valuable discussion on practical matters of making claims, compromise and also will-drafting.

Hilesh Chavda is a partner at Spencer West, London