‘The 1st October 2014 sees the implementation of long awaited changes to the way in which intestacy and claims for reasonable financial provision are approached. The Inheritance and Trustees’ Powers Act 2014 is the result of a six year Law Commission review of the intestacy rules and claims for reasonable financial provision. The review was prompted by research that suggested 58% of the adult population does not have a will and the intestacy rules did not properly provide for modern relationships.’
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Zenith Chambers, 1st October 2014
It doesn’t take a legal qualification to realise that the Administration of Estates Act 1925 was outdated. A statute which starts the list of a widow’s inheritance entitlement with “carriages, horses, stable furniture and effects” is not at home in a world where last year’s iPhone is considered an antique. Fortunately, from 1st October 2014, the somewhat antediluvian “rules of intestacy” are getting a makeover in the form of The Inheritance and Trustees’ Powers Act 2014, which brings the 1925 Act into the 21st century.’
Barristers Hub, 29th September 2014
“The Law Commission is making recommendations today to bring inheritance law into line with the needs and expectations of modern families, and simplify the law to help the bereaved deal with the property of a deceased family member.”
Law Commission, 14th December 2011
“The court should not in principle regard the postponement of the vesting of an estate as ‘beneficial’.”
WLR Daily,7th November 2011
“To bring a claim on behalf of an intestate’s estate a claimant should first obtain a grant of administration as a claim purportedly brought by a claimant without a grant of administration was an incurable nullity. CPR r 19.8(1) did not confer on the court jurisdiction to correct deficiencies in the manner in which proceedings had been instituted. It was concerned only with directions for the forward prosecution towards trial of validly instituted proceedings.”
WLR Daily, 25th May 2011
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Where a personal representative had distributed sums out of the relevant estate notwithstanding a notified third party claim against the estate, and sought to sue solicitors in professional negligence, the applicable limitation period could be found to run from the time at which the legal position had altered, viz upon payment out, regardless of the question whether the third party claim was correctly to be characterised as a vested or a contingent claim.”
WLR Daily, 11th May 2011
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed
“On 29 October 2009 we published a Consultation Paper reviewing the law of intestacy and family provision claims on death. The intestacy rules govern the inheritance of assets where a person dies without leaving a will disposing of the whole of his or her property. Whether or not the deceased left a valid will, certain family members and dependants may apply to court for reasonable financial provision from the estate, under the Inheritance (Provision for Family and Dependants) Act 1975 – this is known as a claim for family provision.”
Law Commission, 29th October 2009
“Oblique assurances by a farmer of an intention to leave a farm to a cousin, who had worked full-time without any remuneration on the farm for 29 years, could constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel when the farmer ultimately died intestate.”
WLR Daily, 25th March 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
House of Lords
“Oblique assurances could in the appropriate context constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel.”
The Times, 26th March 2009
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.