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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