Family Provision Flashcards
Act which deals with family provision?
Inheritance (Provision for Family and Dependants) Act 1975
as amended by the Inheritance and Trustees Powers Act 2014
Requirements to make a family provision claim?
Deceased lived in England or Wales - Cyganik v Agulian
They have locus standi (right to make a claim) falling within one of the categories under s1(1) I(PFD)A 1975
Satisfy the court that the will fails to provide a reasonable financial provision for them
Leading case of family provision?
Ilott v Mitson 2015
Estranged daughter
Estrangement does not diminish the amount the daughter should receive
Is the test of reasonableness object or subjective
Objective - Re Goodwin 1968
Court must reach an objective conclusion when calculating reasonable financial provision for maintenance
Which two standards of provision do the courts apply?
The surviving spouse standard
The maintenance standard
how long does somebody have to make a claim?
Six months of the grant
1st October 2014 - before grant
Which statute states the matters the court take into consideration when a claim is made
s3 I(PFD)A 1975
Even if accident occurs after death
Case of adult child did not have to show any kind of special circumstance
The Hancock principle - moral obligation
Espinosa v Bourke 1999
What was decided in case of Gully v Dix 2004
Cohabitation
Deceased was reason claimant moved out just before death - contributing factor
Sexual relations generally required. Living together for a long period of time may not defeat locus standi
More recent case
Kaur v Singh Dhaliwal 2014
Case held even though
Cohabiting only a year - 2 years required
Time apart during relationship
Lenient approach?
