{"type":"rich","version":"1.0","provider_name":"Transistor","provider_url":"https://transistor.fm","author_name":"Talking Family Law - The Resolution Podcast","title":"Happy 50th Birthday to the Inheritance Act!","html":"","width":"100%","height":180,"duration":2052,"description":"The Inheritance (Provision for Family and Dependants) Act 1975 received royal assent on the 12th November 1975. We celebrate its 50th birthday with Emily Roskilly (Roskilly & Co) and Alexander Learmonth KC (New Square Chambers).Everyone needs a broad hinterland behind their specialist practice. Therefore, it is no good being a family practitioner and not knowing your way around the Inheritance Act, because at some point we will be acting for a family where one of the litigants dies. This podcast will tell you all you need to know!Alex tells us who can be in the category of claimants in s1 of the 1975 Act, and the Court’s powers in s2 which are very similar to the Court’s powers on divorce although there are no powers to make orders in respect of pensions. Alex refers us to the Law Commission report ‘Second Report on Family Property: Family Provision on Death\" (Law Com No 61)’ which indicates that the Act was intended to make sure spouses were treated the same on death as they would have been on divorce.Emily tells us that the focus of the test for an award in respect of spouse or cohabitee is the statutory test of what is a reasonable financial provision. For a spouse, s1(2)(a) provides that this means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance. For civil partner claims the same applies. For cohabitees and others such as adult children, s1(2)(aa) and s1(2)(b) provide that reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his or her maintenance.These claims can be brought in the County Court, or in the High Court either in the Family Division or the Business and Property Courts. There remains an anomaly that they cannot be issued in the Family Court, although the Family Division may assign them to an FRC Judge....","thumbnail_url":"https://img.transistorcdn.com/6KLL2IpaFH3iBShZ7ocYn8lY8fxSACTIJV16OjWXP6U/rs:fill:0:0:1/w:400/h:400/q:60/mb:500000/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS9zaG93/LzE5Mjc0LzE2MTcy/NzQ4OTQtYXJ0d29y/ay5qcGc.webp","thumbnail_width":300,"thumbnail_height":300}