Family Provisions

Question 1

Inheritance (provisions for Family and dependents) Act 1975

Answer 1

Enable the courts to change the effects of T’s will or effects of intestacy if cirtain requirements are met , powers are partly discretionary and require judgement between competing claims

Question 2

Who can claim under I(PFD)A 1975 S1

Answer 2

6 Categories listed in section 1 subject to section 1A

Question 3

The nature of the right iFpd act

Answer 3

The right is a personal one and does not continue after the death of the applicant

Question 4

What is the Domicile of the deceased

Answer 4

To make a claim the deceased must have been domiciled in England or Wales A person can be domiciled by birth (country of birth) or by Choice (by showing that they intended to make said country home until the end of their days) to loose domicle by choice the person must cease residing in said country and have no intention to return.

Question 5

Domicile of the claimant - where

Answer 5

The claimant can be domiciled anywhere

Question 6

Conditions for making a Claim under ifpd

Answer 6

The Applicant must fall into one of the categories.
Application must be made within 6 months of the Grant (S4)
Applicant must be able to show that the intestacy or the Will fails to make reasonable financial provision for them – to the satisfaction of the court.
The deceased must have died domiciled in England and Wales

Question 7

Aim of iFpd is to make reasonable financial provisions Two step process

Answer 7

1 ) Has the will or intestacy (or Both) had the effect of failing to make reasonable financial provisions for the applicant
2) if So what would amount to reasonable financial provision

Question 8

Outcomes of claim under ifpd

Answer 8

No Award
If awarded two standards
Spousal – the court may consider what is reasonable in all circumstances
Other categories – Reasonable provision for maintenance only.

Question 9

Orders that may be made (S2) of ifpd

Answer 9

Periodic Payments
Lump Sum
Life Interest Settlement
Acquisition of Property
Variation of a Settlement

Question 10

What is defined as net Estate for Consideration

Answer 10

Defined by s8 /9/10
All of the property that the deceased owned at the date of death and could have disposed of by his Will.

Question 11

Time limit for claims under ifpd

Answer 11

S4 ITPA Application must be made within 6 months of the grant being issued Extensions are available at the courts discretion