Speaker:

Barbara Rich, barrister, 5 Stone Buildings

Published:

Format:

E-Training

Category:

Private Client

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Claims under the Inheritance (Provision for Family and Dependants) Act 1975 for provision from the estate of a deceased person are a growing field of practice for many private client lawyers.  Relatively few cases reach the courts or give rise to reported judgments.  This audioCPD podcast has been designed to assist practitioners who are pursuing and defending claims.  Leading chancery barrister and mediator, Barbara Rich provides case law analysis and shares her expert insight with you. 

What is included?

• 39 minute audio presentation – you can listen on your computer/laptop, MP3 player/iPod/iPad
• Assessment facility – take a multiple choice test online to gain 1 CPD point
• Family Law CPDtracker – keep track of all your CPD points online

Content and Learning Outcomes:

• Eligibility criteria to pursue a claim under the Act
• The impact of personal status on eligibility to bring a claim
• The domicile requirement and in particular:
  • guidance on the acquisition of a domicile of choice
  • proposals for reform of the domicile requirement
• Forfeiture of claims under the Act 
• Guidance and case law analysis on:
  • claims brought by cohabitees
  • proposals for reform in relation to cohabitee claims
  • establishing maintenance claims under the Act
• Ancillary relief developments and the impact on quantum
• Expert analysis of the Law Commissions proposals for reform
• Tips for dealing with claims under the Act

Who Should Listen:

• Solicitors
• Barristers
• Will Writers
• Paralegals
• Legal Executives

Level of Expertise: Intermediate

Barbara Rich, barrister, 5 Stone Buildings

Barbara Rich has practised as a barrister at 5 Stone Buildings since 1991 and an accredited mediator since 2007. She specialises in succession, trusts and Court of Protection cases, often of substantial value and/or legal complexity and importance and has acted in numerous leading cases in these fields. 

She has acted as a barrister and as a mediator in numerous claims under the Inheritance (Provision for Family and Dependants) Act 1975.  She is recommended as a leading junior in both Legal 500 and Chambers guides (ranked in Band 1 as a traditional Chancery junior), and has lectured and published widely on subjects within her field of specialisation.
 
http://www.5sblaw.com/default.aspx?page=Barristers/bRich

Agulian v. Cyganik [2006] EWCA Civ 159
Holliday v. Musa [2010] EWCA Civ 335
The Law Commission’s consultation on Intestacy and Family Provision Claims on Death http://www.lawcom.gov.uk/docs/cp191.pdf
Marinos v. Marinos [2007] EWHC 2047 (Fam)
Forfeiture Act 1982
Re Land [2006] EWHC 2069 (Ch)
Re Royse [1985] Ch 22
European Convention of Human Rights 
Gandhi v. Patel [2002] 1 FLR 603
Hudson v. Leigh [2009] EWHC 1306 (Fam)
Civil Partnership Act 2004
Lindop v. Agus [2009] EWHC 1795 (Ch)
Re Watson [1999] 1 FLR 878
Gully v. Dix [2004] EWCA Civ 139
Baynes v. Hedger [2009] EWCA Civ 374
White v. White [2001] 1 AC 596
Cunliffe v. Fielden [2006] Ch 361
H v. Mitson [2009] EWHC 3114 (Fam)

Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).  Please quote reference EH/Jord.

Under the Bar Standards Board's New and Established Practitioner Programme, listening to this audioCPD and completing the online assessment correctly will receive 1 accredited CPD hour.  Listening to this audioCPD will receive at least ½ a CPD hour (actual time taken can be claimed).

CPD Requirements

Solicitors
The CPD year for solicitors and registered European lawyers (RELs) runs from the 1st of November to 31st of October.  Newly qualified solicitors and RELs must undertake one hour of CPD for each complete month worked from the date of admission/registration to 31 October.  Those admitted/registered on 1 November will go straight into their first CPD year.  The CPD requirement for solicitors and RELs in their first CPD year and thereafter is 16 hours.

At least 25% (4 hours) of the requirement must be met by attending or participating in courses offered by SRA accredited providers.

The remaining 75% (12 hours) of the requirement can be met by undertaking other activities, including listening to an audioCPD and participating in the online assessment.  Actual time may be claimed.

Barristers
The CPD year for barristers runs from 1st of January to 31st of December with all returns due by 31st of January in the following year.  For established practitioners (barristers who have completed the first three years of practice), a minimum of 12 hours CPD must be completed, of which a minimum of 4 hours must be accredited. AudioCPD can provide you with all 12 hours.

For practitioners in the first three years of practice, a minimum of 45 hours of CPD training must be obtained, of which at least 9 hours must be advocacy related and 3 hours must be ethics related training.  Listening to an audioCPD and completing the online assessment will count towards the remaining 33 hours required.

Legal Executives
Fellows are required to undertake a minimum of 16 hours CPD each year, and Members a minimum of 12 hours CPD.  Both Fellows and Members must achieve at least half of their CPD in their chosen specialist area.  The CPD year runs from 1st of January to 31st December, with 25% of Fellows and Members being randomly selected in March of the following year to submit their logbook to ILEX. Those not selected and contacted by ILEX need not submit their logbook.  Listening to an audioCPD and taking the online assessment can provide you with your annual CPD requirement.

A record of all CPD completed with Jordan Publishing is maintained online and is accessible to you for two years/until you delete your CPDtracker account.