Practice and procedure

Fast find key contentious trusts and estates precedents

This collection of contentious trusts and estates Precedents consists of those that are frequently used in probate claims, claims under the Inheritance (Provision for Family and Dependants) Act 1975 and administration actions as well as some trusts precedents. It also includes some less frequently used Precedents. It combines Precedents drafted by the Lexis+ UK Practical Guidance team with Precedents from other popular sources elsewhere in Lexis+ Legal Research.

See Practice Note: Fast find key contentious trusts and estates precedents

How to issue a Part 7 claim in contentious estates

This How to guide provides guidance on how to issue a Part 7 claim in contentious estates. It focuses particularly on procedural aspects that are specific to contentious estates.

See Practice Note: How to issue a Part 7 claim in contentious estates.

Psychology of trust and estates disputes

This Practice Note considers the psychology of trust disputes, including common triggers of disputes, common biases and possible solutions.

See Practice Note: Psychology of trust and estates disputes.

Practice and procedure—CPR Part 57—probate and

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Private Client weekly highlights—19 December 2024

This week’s edition of Private Client highlights includes: (1) HMRC updates form IHT100f; (2) Knight v Barnsley, which held that the Court of Protection did have jurisdiction to determine a dispute over a claimant’s deputy’s release from reverse indemnity undertakings; (3) Manolete Partners Plc v White, in which the Court of Appeal held that occupation pension benefits are generally inalienable; (4) Hannah v Revenue and Customs Commissioners, where the First Tier Tribunal (Tax) permitted the amendment of grounds of appeal to include ground that the transfer of assets abroad regime is incompatible with EU law; (5) Hirachand v Hirachand, a decision of the Supreme Court which makes it clear that success fees cannot be included in awards for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975; and (6) the Chancellor has confirmed that the Spring Forecast will take place on 26 March 2025.

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Supreme Court unanimously allows appeal (Hirachand v Hirachand and another)

The Supreme Court has unanimously allowed the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) appeal and excluded from the order, in favour of the daughter, any sum for the success fee. Richard Dew, barrister at Ten Old Square, comments that the decision that costs cannot be recovered as part of the award restores the position to what it ought to have been and Brie Stevens-Hoare KC of Gatehouse Chambers highlights that the decision will ensure that applicants who use conditional fee agreements to access justice pay the price of their costs being conditional. Oliver Ingham of 3 Paper Buildings further notes the Supreme Court has made clear that success fees remain the responsibility of the claimant, preserving the integrity of the wider costs regime and ensuring consistency across civil litigation.