“I'm able to do more in the day, which means I'm providing more value to my clients - and it's helped my margins in terms of how much I can bill. LexisNexis is helping me make money.”
ParrisWhittakerAccess all documents on Avoidance of disposition order
The effect of the anti-avoidance provisions contained within sections 10–13 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) Under the anti-avoidance measures in I(PFD)A 1975, ss 10–13, a person (including a trustee) who, during the deceased’s lifetime, received money, property or other assets can be required to pay sums or supply property to a claimant seeking reasonable financial provision under I(PFD)A 1975. These provisions operate against the donee and their estate, rather than against the particular money, assets or property transferred by the deceased. The remedy in I(PFD)A 1975, ss 10–13 is not a tracing remedy. When a claim for reasonable financial provision is issued, the claimant may couple it with an application effectively to claw back assets disposed of with the purpose of placing them outside the deceased’s net estate. This also applies where the claimant seeks an extension of time under I(PFD)A 1975, s 4. For the application to succeed the court must be satisfied: that the...