Inheritance Act claims
Working closely alongside our Private Client department we are able to offer effective solutions and practical advice on the many issues that arise under the Inheritance (Provision for Family and Dependants) Act 1975 and Inheritance Act 1975 to personal representatives, beneficiaries and potential claimants. We can lead you through the process step by step and give advice upon:
- Does the Applicant meet the criteria to be entitled to make a claim?
- Favoured Applicants - Spouses and Partners
- The Adult Child and other problem areas
- Tax Considerations
- Remedies
We can also give practical and helpful advice on the conduct of the claim to comply with best practice and pre-action behaviour. From 6th April 2006 the Practice Direction on Protocols was expanded to impose a clear duty upon all parties contemplating litigation to consider alternative dispute resolution. Examples of this can be:
- Discussion and negotiation
- Early Neutral Evaluation by an independent third party
- Mediation - a facilitated negotiation assisted by an independent neutral third party.
Please contact our Litigation team on:
Tel: 01825 762281
email: litigation@dawson-hart.co.uk
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Glossary
The unconditional agreement to an offer. This creates the contract. Before acceptance, any offer can be withdrawn, but once accepted the contract is binding on both sides. Any conditions have the effect of a counter offer that must be accepted by the other party.
Using an independent third party to settle disputes without going to court. The third party acting as arbitrator must be agreed by both sides. Contracts often include arbitration clauses nominating an arbitrator in advance.
Failure by one party to a contract to uphold their part of the deal. A breach of contract will make the whole contract void and can lead to damages being awarded against the party which is in breach.