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18 October 2013 / Sarah Playforth
Issue: 7580 / Categories: Features , Wills & Probate
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Respecting our elders

Are parents being left out in Inheritance Act claims, asks Sarah Playforth

Let’s face it—lawyers, judges and legislators don’t have the best reputation for keeping up with society and being, as the kids used to say about 50 years ago, “with it”. But, to their credit, they keep trying. A good example of this is the law around financial provision after death. Over the last 20 or so years, incremental changes have been made to the intestacy rules and Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) to try and keep abreast of social reality. The provision for spouses (and now civil partners), has increased; unmarried partners have been able to make a I(PFD)A 1975 claim since 1996; and claims by adult children are being increasingly entertained by the courts.

This area of law is receiving another timely makeover under the Inheritance and Trustees’ Powers Bill, which is currently making its way through Parliament.

The laudable purpose of the Bill is to make the law work for as many different types of

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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