Inheritance (Provision for Family and Dependants) Act 1975

Question 1

What are IPFDA claims?

Answer 1

Claims made by persons who can argue that they have not received ‘reasonable provision’ under the will or intestacy rules (or a combination)

Question 2

What is the important question to be asked in IPFDA claims?

Answer 2

Was the financial result of the decision made by the deceased reasonable?

Question 3

6 steps for IPFDA claims:

Answer 3

1. Standing
2. Timing (within 6 months of grant of probate / letters of administration) unless exceptional circumstances
3. What has the applicant received?
4. The relevant financial provision
5. Was the financial provision actually received reasonable? If reasonable, applicant receives nothing
6. In unreasonable, court can redistribute the estate

Question 4

Standing: who has a claim

Answer 4

1. Spouses and civil partners
2. former spouses or former civil partners provided they have not entered into a new marriage or civil partnership
3. A cohabitee (living together for 2 years before the cohabitee died)
4. Child of the deceased
5. any person treated as a child of the deceased
6. Any person being maintained, either wholly or partly, by the deceased immediately before the deceased died (dependant category)