Talking Family Law – the Resolution Podcast

Listen to Resolution’s podcast, with guest experts discussing topical issues in Family Law, with our hosts Simon Blain and Anita Mehta.

We have now recorded over 40 episodes. Each episode is a deep dive into a particular aspect of family law. We cover general training as well as topical issues across the full spectrum of family law, from financial remedy and intervenors to abduction, private, and public law.

In each episode, we ask our guests to explain what the law is at the date of recording. This includes the leading authority or relevant statute, practical tips, and thoughts for reform. Expect lively debate and personal insights. We encourage our guests to take part in open discussion as a way of providing legal commentary, on the understanding that no one is held to the views expressed on the podcast. Next week, they may argue the opposite on behalf of their clients.

We hope the podcast gives you a sense of what Resolution is all about, and that you consider joining us if you like what you hear. More importantly, this is our way of giving back to the family law community. Whoever you are, and wherever you’re based, this podcast gives you access to insights from the country’s leading experts. There is no need to pay a fee or travel to hear them speak. Instead, you can simply download the episode and listen on your way to work.

All we ask in return is that you share this link to the podcast with a friend or colleague who might be interested.

We were thrilled to be shortlisted for the Family Law Commentator of the Year award at the 2023 LexisNexis Awards. We were even more thrilled to win it in 2024!

Hosts Simon Blain and Anita Mehta with Resolution staff at the LexisNexis Awards 2023

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DISCLAIMER:  Nothing in any of the episodes is supposed to constitute legal advice.  We invite our guests to express personal views by way of legal commentary, this may differ from how they put their client’s case.

No liability is accepted for any error or omission about the law in respect of a particular topic.

S5 Episode 3: Happy 50th Birthday to the Inheritance Act!

About this episode

Hosted by: Simon Blain

Guests: Emily Roskilly and Alexander Learmonth KC

Further information

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. The effect of having a choice of Court means that you need to think about which Court is likely to lead to a better outcome for your client.

Emily draws our attention to the relevant factors that the Court has to consider in s3. Both Alex and Emily agree that conduct is rarely relevant in these claims and it must be gross and obvious.

Emily then goes on to tell us about the different provision for spouses or civil partners and cohabitants in these cases. Cohabitees need to have been living with the deceased for two years immediately preceding death and living together as though husband and wife or civil partners.

Alex and Emily wrestle with whether prenups would be given weight and conclude that as a matter of principle they would be, with the same caveats that would be applied in the divorce court. We also discussed Cohabitation Agreements, and Emily noted that if it was a long term cohabiting relationship and there was a historic Cohabitation Agreement, although it would show intention or wishes, she could not see it being a closed door for the potential applicant.

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