Changes to Estate distribution on death

Question 1

What are the three types of domicile?

Answer 1

• Domicile of origin: birth – father if married, mother if not
• Domicile of dependency: parent changes = u16 changes too
• Domicile of choice: Sever ties with origin, intended permanent

Question 2

What is the eligiblity criteria for IPFDA 1975?

Answer 2

Jurisdiction
Recognised category
Prescribed time limit

Question 3

Who is eligible under IPFDA?

Answer 3

• Spouse/CP
• Former spouse/CP not remarried
• Cohabited as spouse/CP for two years
• Child (inc adopted)
• Treated as a child of family
• Maintained by deceased (wholly or partly, financially)

Question 4

What is the prescribed time limit for IPFDA?

Answer 4

6 months after grant

Question 5

What are the considerations for extending the time limit in IPFDA?

Answer 5

• Circumstances surrounding delay
• Negotiations commenced in time limits
• Estate distributed before notification of claim
• Refusal would leave applicant without recourse to anyone else

Question 6

When can the surviving spouse standard be extended?

Answer 6

• Former and not remarried
• Divorce etc within 12 months
• No financial provision order made/refused in ancillary proceedings

Question 7

What are the two standards for reasonable financial provisions?

Answer 7

Surviving spouse - reasonable for husband or wife
Maintenance - reasonable for their maintenance

Question 8

What are the s3(1) common guidelines?

Answer 8

• A’s financial resources/needs
• Financial resources/needs of other As
• Financial resources/needs other bens
• Obligations/responsibilities towards A or any ben
• Size and nature of net estate
• Disability of A/bens
• Other relevant matters
• Resources in foreseeable future

Question 9

What are the s3(2) considerations for spouses/CPs?

Answer 9

• A’s age and duration of marriage/CP
• Contribution to welfare of family
• Provision if divorced at DOD

Question 10

what are the s3(2A) considerations for cohabitees?

Answer 10

• Age and length of period
• Contribution to welfare of family

Question 11

What are the s3(3) considerations for children?

Answer 11

Smanner in which educated
Where treated as child:
* What basis they maintained A, time and extent of contribution
* Assumed responsibility for maintenance
* Knowing A was not their child
* Liability of anyone else to maintain

Question 12

What are the s3(4) considerations for other people?

Answer 12

• Time and contribution
• Assumed responsibility for maintenance

Question 13

What does s1(3) say about people who were maintained by the deceased?

Answer 13

substantial contribution in money towards reasonable needs, not commercial