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23 October 2019 / Constance McDonnell KC
Issue: 7861 / Categories: Features , Wills & Probate
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2019: claims to fame

9856
Constance McDonnell QC examines the year’s most notable 1975 Act decisions
  • The use of standstill agreements to prevent a claim having to be issued within six months of a grant of representation.
  • The quantification of claims where medical costs are a principal financial need.
  • Applications for interim relief.

2019 has been something of a momentous year so far for practitioners who deal with claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), with the decision of Mostyn J in Cowan v Foreman [2019] EWHC 349 (Fam) casting doubt over the widely-used practice of ‘standstill agreements’ so as to prevent a claim having to be issued within six months of a grant of representation and to facilitate settlement discussions. The expedited decision of the Court of Appeal in that case should do much to settle concerns about continued use of such agreements, and has clarified the court’s approach to late claims. There has also been some helpful guidance from the court about the quantification of claims under I(PFD)A 1975 where medical costs are a principal financial

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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