Claims Against Estates under Inheritance Act 1975

Question 1

What is the ground for a person to make a claim to set aside the terms of a will (or vary an intestacy) under the 1975 Act?

Answer 1

Reasonable financial provision has not been made for an applicant

Question 2

Typically, within how many months from the date of grant should a claim be made under 1975 Act?

Answer 2

6 months

Question 3

Which five groups of people with a relation/association to the deceased (D) can make a claim under the 1975 Act?

Answer 3

1. Spouse/CP
2. Former Spouse/CP who didn’t remarry
3. Child/stepchild (or those treated as children)
4. Anyone who was wholly or partially maintained by D
5. A partner living with D 2 years before their death

Question 4

Which former spouses/CP may be barred from making a claim under the 1975 Act?

Answer 4

Those who had a clean break divorce from D

Question 5

What is the standard of reasonable financial provision for a spouse/CP applicant?

Answer 5

What would be reasonable in all circumstances, whether or not required for their maintenance

Question 6

What is the standard of reasonable financial provisions applicants other than a spouse/CP?

Answer 6

Limited to the amount required for their maintenance

Question 7

What happens to the estate if a court approves a claim made under the 1975 Act?

Answer 7

The estate devolves according to the terms of the court’s order (and not in accordance with the will/intestacy)

Question 8

Give 4 powers that a court has the power to make following a successful 1975 Act claim

Answer 8

1. Transfer of property
2. Payment of a lump sum
3. Payment of income
4. Settlement of property on trust