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22 Sep 2016

Claims Under The Inheritance (provision For Family And Dependants) (ni) Order 1979: An Update


Date 22 Sep 2016
Time 16:30 - 18:00
Location Law Society House, Belfast
Cost £50.00 per person
CPD Points 1.5 General Group Study
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Few probate practitioners avoid having to deal with family provision claims, whether on behalf of the personal representatives, the beneficiaries or a claimant.

This seminar covers both the substantive law, including recent jurisprudential developments, and practice and procedure. Topics to be covered include:

  • A recap of the legislation (eligible applicants, basis of claim, powers of court) followed by an update on the recent case law and practice on acknowledged problem areas such as able-bodied adult children, financially secure cohabitants, claimants on means-tested benefits, elderly spouses and/or spouses of second marriages;
  • Time limits and the pre-action protocol;
  • High Court procedure under Order 99 from summons to settlement or hearing: some key points (including possible IHT implications);
  • What solicitors should consider when acting for (a) claimants, (b) personal representative defendants and (c) beneficiary defendants;
  • What solicitors should consider when drafting wills to minimise the risk of 

The session will be delivered by Sheena Grattan. Sheena is a practising Chancery barrister in Northern Ireland specialising in private client work. Previously she was a senior lecturer in the Law School of Queen’s University, Belfast lecturing in Equity (including Trusts), Land Law, Inheritance and the Law and Revenue Law, having started her career as a solicitor in private practice.

Sheena is the author of several legal texts including Succession Law in Northern Ireland (SLS), and, with James Kessler QC, Drafting Trusts & Will Trusts in Northern Ireland (Bloomsbury). She is a founding member of the STEP: Northern Ireland branch and in 2012 was the recipient of a STEP Founder’s award for outstanding achievement. She has been examiner and tutor for both the Administration of Trusts and Administration of Estates components of the STEP / CLT Diploma programme in Northern Ireland since its inception.

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