Inheritance Act Claims, A Practical Guide, Tracey Angus, Anna Clarke, Paul Hewitt and Penelope Reed

Abstract

Rules about forced heirship are not known in England and Wales, but the law does recognize the need for testators to make provisions for those to whom they owe an obligation. The current law that allows claims to be made by family and the other dependants in this category is the Inheritance (Provision for Family and Dependants) Act 1975. This Act is based on the recommendations of the Law Commission (Law Com No. 62) and, over the years, has spawned a considerable amount of litigation. The matter was further complicated by the provisions in the Civil Partnership Act 2004, provisions of which currently remain untested. Also, those cohabiting as if they were civil partners are included in a class of applicants who can apply, as well as children of a family where there was a civil partnership and former civil partners. Currently, a hot topic in trusts is the affect...