Dependents Flashcards
Inheritance(provision for family and dependants) Act 1975
Person who is aggrieved can apply to the court for a portion of the estate
Who can apply under I(PFD)A 1975
Spouse/civil partner formal spouse/civil partner if not remarried. Surviving cohabitee that was living in the same house at date of death and had done so for two or more years prior to death
Children of the deceased (including adopted children)
Any person who the deceased has assumed a role akin to parent
any other person who was being maintained by the deceased immediately before their death
When should an application be made
Application should be made within six months of the grant of probate or letters of administration
Standards of financial Provision
two standards of reasonable financial provision,
Surviving spouse standard & Maintenance Standard
Surviving spouse standard
Financial provision that is reasonable in all circumstances regardless of if the sum is needed for maintenance, Reasonable in respect of age duration of marriage and any contribution by the applicant to the deceased families welfare
Maintenance Standard
Applies to all other applicants other than spouse/civil partner
Factors taken into account include
Applicants needs and resources
the deceased obligations to the applicant
size of the estate
applicants conduct
other relevant circumstances
What can the court order
Periodic payments (eg £250 per month for 5 years)
property transfer
Lump sum payment
Settlement ( eg a tax efficient trust in favor of the applicant) (Life time interest in a property)
How to minimise the risk of a claim under I(PFD)A 1975
If you do not want someone to inherit write a separate letter annexed to the will to explain that you have considered that person but do not wish to leave them a bequest.
