Chapter 20: Claims against estates under inheritance (Provision for Family and Dependants) Act 1975 Flashcards
What does the Inheritance (Provision for Family and Dependants) Act 1975 allow a court to do?
Set aside the terms of a will or intestacy on the grounds that reasonable financial provision has not been made for the applicant
What is the time limit for making an application under the 1975 Act?
6 months from the issue of the grant of representation to the PRs
(or later if permission is given by the court)
Why should PRs wait 6 months from the date of grant before distributing the estate to beneficiaries?
If PRs wait for 6 months from the date of grant, they will be protected from any personal liability
Which 5 people can make a claim under the 1975 Act?
- Surviving spouse or civil partner
- Former spouse of civil partner who has not remarried
- A child of the deceased (includes step-children)
- A person who was being maintained - contribution must’ve been substantial
- A person cohabitating with the deceased for at least 2 years before death (must’ve lived as if they were husband and wife or civil partners
If an applicant is a spouse, what is the standard for financial provision?
Such financial provision as would be reasonable in all the circumstances whether or not required for maintenance
Can the standard for spouses be applied to former spouses?
Yes, if death occurs within 12 months of the decree absolute and no final order has been made in divorce proceedings
What standard is applied if an applicant is not a spouse?
Such provision required for their maintenance such that they can live comfortably according to their situation
What happens if the court approves an application?
The estate is administered in accordance with the Order and not the will or the rules of intestacy
If an application is successful, what orders can be made by the Court?
- Transfer of property
- Payment of lump sum
- Payment of income
- Settlement of property on trust
