Claims against estates under Inheritance (Provision for Family and Dependants) Act 1975

Question 1

Under the 1975 Act when can a family provision claim be made?

Answer 1

A claim can be made to set aside the terms of a will if reasonable financial provision has not been made for the applicant, within 6 months from the date of the grant.

Question 2

Who may make a family provision claim?

Answer 2

• Surviving spouse or civil partner (if married or in a civil partnership at the date of death)

Question 3

Who may make a family provision claim?

Answer 3

• Former spouse or civil partner (if not remarried or in a civil partnership)

Question 4

Who may make a family provision claim?

Answer 4

• Child of the deceased or treated as a child of the family (step-child)

Question 5

Who may make a family provision claim?

Answer 5

• Person maintained by the deceased at the time of death

Question 6

Who may make a family provision claim?

Answer 6

Person living with the deceased as spouse, civil partner, or same-sex partner for the two years immediately before death

Question 7

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

Answer 7

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

Question 8

What is the standard of reasonable financial provision for other applicants?

Answer 8

Provision required for maintenance such that the applicant can live decently and comfortably according to their situation.

Question 9

What happens if the court approves a family provision claim?

Answer 9

The estate devolves according to the terms of the court’s order, not in accordance with the will or the rules on intestacy.