Inheritance Act 1975 Notes
This is a sample of our (approximately) 3 page long Inheritance Act 1975 notes, which we sell as part of the Private Client Notes collection, a 80-90% package written at Multiple Institutions in 2015 that contains (approximately) 159 pages of notes across 32 different documents.
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Inheritance Act 1975 Revision
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Elective: Private Client
Inheritance Act 1975 Guidelines
S.3 1975 Act set out the guidelines To be considered when court deciding: a) Has a reasonable provision already been made under the will / intestacy?
b) If a provision should be made - what provision is appropriate?
COMMON GUIDELINES: S.3(1) Future financial
Can the applicant work? What is his earning resources / needs capability?
Is unemployment voluntary or not?
Is loss of future income likely - e.g. retirement
Can applicant get financial support anywhere else Obligations /
responsibility of the deceased
What obligations existed IMMEDIATELY before death
Size of the estate
Small or large Does the cost of the action exhaust a large part of the estate [estate usually pays for the claim]
Nature of estate: was it inherited from family or self made wealth?
Does the house take up most of the estate? Court will not want to turf a beneficiary out of their home
Any physical or mental disability
Of applicant OR other beneficiaries Has there been a large payment of compensation
Other relevant matters
Quarrels / promises made before just before death
/ conduct of the applicant
SPECIAL GUIDELINES: S.3(2) Spouse / civil
Age of applicant partner
Duration of marriage / cohabit period
Contribution to welfare of family [incl. looking after the home]
Entitlement on divorce [what would x have got on
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