Topical News Articles

Changes to Empty Property Rates Relief from 1 April 2010
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Homes Under the Hammer?
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EMI Share Options
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The Current Law Regarding Pre-Nuptial Agreements
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Inheritance Tax threshold frozen at £325,000
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Dealing with Tenants in difficult economic conditions
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Lifetime Gift Exemptions
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The Carbon Reduction Commitment
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No Will? No choice
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Divorce and the Recession
Ros Plumb
 
Businesses and the Recession
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Additional Inheritance Tax Interest
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To Give or not to Give?
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The Jackson Review - Preliminary Report
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Community Infrastructure Levy ("CIL") Regulations
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Are you complying with the Construction (Design and Management) Regulations 2007?
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Commercial Properties and fire safety - have you checked the risks?
John Southan
 
Business Rates for Non-Domestic Premises; an overview
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Pre-Packs In Administration
Wendy Beach
 
Empty Property Rates Relief - One Year On
Aaron Cane
 
Agents and Principals - Do Not Get Caught Out!
Sue Dowman
 
Holiday Pay - Use It or Lose It No Longer...
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Lasting Powers of Attorney - One Year On
Warren Hawkings
 
Landlords' Liability Under Deemed Contracts with Gas and Electricity Suppliers
John Southan
 
Making alterations to your home?
Anne Elliss
 
Where there's a Will...or not
Sarah Stanyer
 
Redundancy - avoiding procedure pitfalls
Sarah Stanyer
 
Private limited companies and succession planning
Warren Hawkings
Sarah Stanyer Sarah Stanyer
Assistant Solicitor
Wortley Byers LLP

Where there's a Will...or not

In England and Wales a person is free to leave their property to whomsoever they wish and in whatever proportions they wish. That said, in doing so they should give consideration to any individuals they have any obligation to or responsibilities for.

If inadequate financial provision is made then legal action can be commenced under the Inheritance (Provision for Family and Dependants) Act 1975 by any person (of any age) deemed under the Act to be a dependant of the deceased.

If the applicant is not the spouse or civil partner of the deceased their claim will be limited to maintenance. However, if the applicant is the spouse or civil partner of the deceased the court will make more generous provision whether or not it is required for their maintenance.

Obviously, any award by the court will be governed by the size and nature of the estate.



An application for reasonable financial provision can be made to the Court regardless as to whether the deceased left a Will or not. Time is of the essence and the time limit for making an application is 6 months from the date a grant of probate or letters of administration is obtained.

For more information on how to make a claim please contact Sarah Stanyer at Wortley Byers on 01277 268318 or sstanyer@wortleybyers.co.uk.



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