Assessing claims under IPFDA 1975 Flashcards
Is the IPFDA reasonable financial provision test objective or subjective?
An objective test.
How many limbs does the IPFDA test have?
Two.
What is the two-stage test for IPFDA 1975?
1) Did deceased fail to make reasonable financial provision?
2) If yes, what award should court make?
Does the court take a moral view on IPFDA assessment?
No, moral views are irrelevant.
Standards of financial provision for spouse under IPFDA?
Surviving spouse standard (reasonable provision irrespective of maintenance needs);
Maintenance standard (reasonable for maintenance).
When can courts apply surviving spouse standard to former spouses under IPFDA?
Former spouse not remarried, divorce/dissolution/nullity within 12 months before death, no financial provision order made/refused during divorce.
What are ancillary proceedings?
Divorce proceedings.
Meaning of marriage annulment?
Judicial declaration that marriage never legally occurred.
Statutory definition of maintenance under IPFDA?
No statutory definition exists.
What are Section 3 guidelines under IPFDA?
Common guidelines for all applicant categories.
List the common Section 3 guidelines IPFDA for all applicants.
Financial resources/needs of applicant, other applicants, beneficiaries; obligations/responsibilities of deceased; size/nature of estate; physical/mental disability; any other relevant matter including conduct.
Section 3 guidelines for spouse/civil partner under IPFDA?
Applicant’s age, marriage duration, family welfare contributions, expected provision in divorce proceedings.
Section 3 guidelines specifically for cohabitees under IPFDA?
Applicant’s age, length of cohabitation, contribution to family welfare.
Section 3 guidelines specifically for children under IPFDA?
Basis of maintenance by deceased, assumed responsibility, awareness applicant not their child, liability of others to maintain applicant.
Section 3 guidelines for other applicants under IPFDA?
Duration/extent of maintenance by deceased, responsibility assumed by deceased.
Threshold for non-child/spouse IPFDA applicants?
Substantial financial contribution towards applicant’s reasonable needs.
Components considered by court for IPFDA award?
Quantum and form of the award.
Two components of an IPFDA award?
Quantum (amount), Form of award (method/type).
What must the court have to assess value of IPFDA claim?
Applicant’s assets/liabilities (current and future) assessed against Section 3 factors.
Types of awards the court can grant under IPFDA?
Periodic payments, lump sum, property transfer, property settlement, property acquisition for transfer, variation of marriage/civil partnership settlements, variation of estate trusts.
Court considerations in spouse IPFDA claim valuation?
Potential divorce relief, not assuming automatic 50% clean-break division.
