denotes premium content | Jan 9 2009 Feature
posted 23 Mar 2001 in Volume 6 Issue 3
“Inheritance act claims, Law & Practice” 2nd Edition
By Sidney Ross LL.B., M..Sc., Ph.D., FCIArb.Barrister of the Middle Temple and Lincoln’s Inn
Most continental countries and Scotland have a system of “forced heirship” whereby an individual is restricted in the choice of beneficiaries under his/her Will. No such law applies in England and Wales, but by way of Inheritance Act claims, now under the Inheritance (Provision for Family and Dependants) Act 1975, various people, such as spouses, ex-spouses who have not remarried, children and other dependants, such as co-habitees can apply to the Court for appropriate relief by way of reasonable financial provision or maintenance.
This is the subject matter of this scholarly work. Any practitioner with a problem in this area, including specialists, will find the answers in this book, as it is very detailed and meticulous, comprising nearly 600 pages.
This merit may also, however, constitute a disadvantage, particularly for the non-specialist, in not being able to find the wood for the trees. A basic definition of the subject would have been helpful and too much space is devoted to the work of the Law Commission and the historical development of the subject. It is not, therefore, a book for someone who only wants a bird’s eye view of the subject.
Nevertheless, and particularly for a practitioner who deals with this branch of the law on a regular basis, the book will prove to be very informative and, for such a specialist, invaluable.
The subject is covered in seven chapters and nine appendices.
The subject matter of the chapters covers origin and development of the legislation; persons who may apply; property available for financial provision; what the Court must consider; orders which the Court can make; reasonable financial provision; practice and procedure.
As regards the Appendices, of particular interest and value is Appendix 3 dealing with Rules, Orders and forms as effected by the reforms introduced by the Civil Procedure Rules.
A full collection of Case Summaries in Appendix 7 is excellent, and invaluable. Appendix 8 introduces practical Questionnaires, including one to be completed by a personal representative who is a defendant to a claim under the 1975 Act and a Questionnaire to be completed by a claimant or beneficiary.
In short, this book is a scholarly, meticulous, detailed and up-to-date work – as at the 1st July, 2000.
Reviewed by Ralph P. Ray
Inheritance act claims,
law and practice (2nd edition) is Published by Sweet & Maxwell in the
Property and Conveyancing Library series.
