The Dictionary of TLATA and Inheritance Act Claims sets out the key concepts, cases and practice in four important areas where family law overlaps with the law of trusts and real property: (i) the Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA’); (ii) applications for financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975; (iii) Schedule 1 applications for financial relief for children; and (iv) an overview of civil procedure and the Civil Procedure Rules 1998. This publication contains a procedural guide and table of relevant cases.
Divided into sections with an easy to use A-Z format with detailed footnotes, each entry acts as a practice note on the topic, setting out the essential law, key cases and practice points you need to be able to advise on the issue with a minimum of fuss. The book distils the experience of the authors who aim to provide a concise, practical and above all helpful guide to everything from detriment to cost budgeting, from classes of applicants to the rights of engaged couples.
The guidance is packed into a portable A4 book, which will be updated annually, which will make the Dictionary of TLATA and Inheritance Act Claims the perfect court companion and trusted library reference.
Who would find this book useful?
- Solicitors, barristers and legal executives who practice mainly in family law, but who act in claims involving cohabitees, intervenor, or where a claim is made against an estate under the 1975 Act or on behalf of a child under Schedule 1
- Family Court judges
- Mediators and other professionals involved in out of court dispute resolution
- McKenzie Friends, litigants in person or anyone else who needs to be updated on civil procedure and the sometimes obscure world of TLATA and the Inheritance Act
Page count: 131
"Where this Dictionary breaks new ground – and this is a really important and exciting innovation – is in bridging the very different worlds of family and chancery, each, even now, still very much a foreign country to the other.”
"This is an important and ambitious exposition of some very technical areas of law but grounded in the practicalities and realities of practice at the coal face."
Section 1: TLATA
Ambulatory Trust: Changed Intentions
Concluded Agreements under TLATA
Constructive Trust: Overview
Constructive Trust: Joint vs Sole Name Overview
Constructive Trust: Express Common Intention
Constructive Trust: Implied Common Intention
Constructive Trust: Quantification
Constructive Trust: Imputation
Equitable Accounting and Compensation: Overview
Equitable Accounting: Mortgage Instalments
Equitable Accounting: Occupation Rent
Equitable Accounting: Repairs and Improvements
Equity of Exoneration
Express Declarations of Trust and Conclusive Effect
First-tier Tribunal (Property Chamber)
Foreign Properties: Jurisdiction
Interaction between TLATA and the Matrimonial Causes Act 1973
Joint Tenancy, Tenancy in Common
Orders for Sale in TLATA
Orders for Sale: Claims by Creditors and Trustees in Bankruptcy
Orders Permitting a Buy Out of Property by a Beneficiary
Rescission and Rectification of Express Trusts
Satellite Issues: Bank Accounts, Shares, Chattels
Section 2 Law of Property (Miscellaneous Provisions) Act 1989
Severance of a Joint Tenancy
TLATA Statutory Framework
Section 2: Inheritance Act
Classes of Applicants
Costs: Personal Representatives and Conditional Fee Agreements
Inheritance (Provision for Family and Dependants) Act 1975: Overview
Orders: Periodical Payments, Lump Sum, Transfer of Property, Variation of Settlement
Proof of Death
Property Forming Part of the Net Estate
Reasonable Financial Provision
Section 3 Factors
Section 3: Civil Procedure (TLATA and I(PFD)A)
Allocation and Tracking
Case Management Conferences
Costs Budgeting and Costs Management
CPR Part 57: I(PFD)A 1975 Claims
CPR PD 57AC: Witness Statements
Disclosure and Disclosure Pilot
Early Neutral Evaluation, Chancery FDR and Settlement Conferences
Enforcement: Execution of Documents
Issuing Proceedings: High Court or County Court/Business and Property Courts or Family?
Part 7 or Part 8: How to Commence the Claim
Part 36 Offers
Pre-Action Protocols (Procedure)
Section 4: Schedule 1 and Intervenor Claims
Child Maintenance (Including Top Up Cases)
Class of Applicants (Including When a Child May Apply)
Costs Rules in Schedule 1 and Calderbanks
Definition of Child
Exercise of Schedule 1 Jurisdiction: Relevant Factors
Expert Evidence in Schedule 1
Interface between Schedule 1, MCA and TLATA
Intervenors in Financial Remedy Proceedings: General
Intervenors in Financial Remedy Proceedings: Procedure
Intervenors in Financial Remedy Proceedings: Costs
Jurisdiction to Deal with Child Maintenance
Lump Sum Orders
Powers under Schedule 1
Pre-Action Protocols (Schedule 1)
Procedure: Disclosure (Including the ‘Millionaire’s Defence’)
Procedure: Standard Procedure
Settlement of Property
TLATA and Schedule 1: Joinder and Parallel Proceedings
Almost ten years ago, in September 2013, I wrote the Foreword to the first edition of the Dictionary of Financial Remedies. The Dictionary was innovative: in concept simple but brilliant; in content authoritative, a masterly distillation of the law and practice in financial remedy cases; and in format and physical shape very transportable. Saying that it deserved to gain rapid acceptance, I looked forward to it becoming an essential part of every practitioner’s toolkit.
I was not to be disappointed. The Dictionary of Financial Remedies, now in its ninth edition published in February 2022 and with the tenth edition due shortly, has gone from strength to strength. In his foreword to the 2019 edition, Mr Justice Mostyn suggested it would be a useful addition to every judge’s library – a sentiment with which I wholeheartedly agree.
The success of the first-born led inevitably to a sibling, the Dictionary of Private Children Law, first published in 2021 and already in its second edition, shortly no doubt to be followed by the third.
Now we have the third member of this impressive family, the Dictionary of TLATA and Inheritance Claims. It is an excellent and equally distinguished addition to the family: like its older siblings an authoritative and masterly distillation of law and practice.
While retaining the essential alphabetical arrangement of its predecessors, the subject matter here demands what the authors have usefully adopted, the helpful division of the new Dictionary into Sections.
Where this Dictionary breaks new ground – and this is a really important and exciting innovation – is in bridging the very different worlds of family and chancery, each, even now, still very much a foreign country to the other. Practitioners – and, dare I suggest, the judges also – will derive much benefit from an approach which brings together, in a single comprehensive treatment, a number of different topics which at first blush might seem to have little in common but which, as our authors well know from their own professional experience, often come together in practice. What, it might be asked, justifies the inclusion in one book of such seemingly dispirit topics as TLATA claims and Schedule 1 claims: the practitioner’s answer is that one often encounters both claims together when advising a former cohabitee.
This is an important and ambitious exposition of some very technical areas of law but grounded in the practicalities and realities of practice at the coal face. Our authors are to be congratulated on their achievement. Like its older siblings, this new Dictionary deserves to gain the rapid acceptance which I am sure it will achieve. I look forward with confidence to it becoming an essential part of the toolkit of every practitioner whether in the Temple or in Lincoln’s Inn.
Sir James Munby | 26 January 2023
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