Introduction to IPFDA 1975 Flashcards
Who is eligible to apply under the Inheritance (Provision for Family and Dependants) Act 1975?
A. Only the deceased’s spouse or civil partner
B. Any person who was financially maintained by the deceased
C. The deceased’s spouse, civil partner, children, cohabitee, stepchildren, or other dependants
D. Only the deceased’s children and grandchildren
C. The deceased’s spouse, civil partner, children, cohabitee, stepchildren, or other dependants.
Explanation: Section 1(1) of the IPFDA 1975 defines the categories of applicants who may bring a claim for reasonable financial provision.
What is the domicile requirement for a claim under the IPFDA 1975?
A. The deceased must have been domiciled in England and Wales at the time of their death
B. The applicant must be domiciled in England and Wales at the time of the claim
C. The deceased’s last known residence must have been in England and Wales
D. The deceased must have been born in England and Wales
A. The deceased must have been domiciled in England and Wales at the time of their death.
Explanation: The Act only applies if the deceased was domiciled in England and Wales at the time of death, regardless of nationality or residence.
What is the time limit for making a claim under the IPFDA 1975?
A. Three months from the date of death
B. Six months from the date of the grant of representation
C. Twelve months from the date of death
D. Two years from the date of the grant of representation
B. Six months from the date of the grant of representation.
Explanation: Under section 4 of the Act, applications must be made within six months from the grant of representation, though courts have discretion to extend this period in exceptional cases.
Which of the following is a possible court order under section 2(1) of the IPFDA 1975?
A. An order for compensatory damages
B. An order for the full distribution of the estate to the applicant
C. An order for periodical payments or a lump sum
D. An order invalidating the deceased’s will
C. An order for periodical payments or a lump sum.
Explanation: The court can make a range of financial provision orders, including periodical payments, lump sum payments, property transfers, and settlements.
How does the court determine whether reasonable financial provision has been made?
A. The court only considers whether the applicant was mentioned in the will
B. The court considers the financial resources and needs of the applicant, the estate size, and any obligations the deceased had
C. The court only considers the applicant’s financial needs at the time of the claim
D. The court applies a fixed formula based on the applicant’s relationship with the deceased
B. The court considers the financial resources and needs of the applicant, the estate size, and any obligations the deceased had.
Explanation: The court looks at a range of factors, including the applicant’s financial circumstances, the size of the estate, and any moral obligations the deceased may have had towards the applicant.
Which applicant is entitled to a higher standard of financial provision under the Act?
A. A child of the deceased
B. A cohabitee who lived with the deceased for at least five years
C. A former spouse or civil partner who has remarried
D. A surviving spouse or civil partner of the deceased
D. A surviving spouse or civil partner of the deceased.
Explanation: Under the Act, a surviving spouse or civil partner is entitled to a higher standard of provision compared to other applicants, based on what they would have received in a divorce.
What happens if an applicant was financially maintained by the deceased but was not a family member?
A. They cannot make a claim under the Act
B. They can only claim if they were financially dependent on the deceased immediately before death
C. They are entitled to the same provision as a surviving spouse
D. They must prove they were named as a beneficiary in the will
B. They can only claim if they were financially dependent on the deceased immediately before death.
Explanation: Section 1(3) states that applicants must show that the deceased made a substantial financial contribution towards their reasonable needs before death.
How does the IPFDA 1975 apply to jointly owned property?
A. The Act does not apply to jointly owned property
B. The Act allows an applicant to claim the entire jointly owned property
C. The Act requires all joint property to be split equally among the deceased’s heirs
D. The Act allows the court to order that the deceased’s severable share of jointly owned property be included in the estate
D. The Act allows the court to order that the deceased’s severable share of jointly owned property be included in the estate.
Explanation: Under section 9, the court can order that the deceased’s share of a joint tenancy be considered part of the estate for reasonable financial provision.
Can the court extend the time limit for making a claim?
A. No, the six-month deadline is strict
B. Yes, but only in exceptional circumstances
C. Yes, the court can extend the deadline indefinitely
D. No, but the applicant can reapply under a different legal provision
B. Yes, but only in exceptional circumstances.
Explanation: The court has discretion to extend claims in special cases, considering factors such as prior negotiations and whether the estate has been distributed.
How does the court treat an IPFDA 1975 order for tax purposes?
A. As if the order had been made by the deceased in their will
B. As a new transaction taxable separately from the estate
C. As a capital gains transaction for the applicant
D. As a debt against the estate taxable to the executor
A. As if the order had been made by the deceased in their will.
Explanation: Orders under the Act are “read back” for tax purposes, meaning they are treated as if the deceased made the disposition themselves.
A deceased’s will left everything to his new wife, excluding his two adult children from a previous marriage. One child is financially independent, while the other has a severe disability and was financially dependent on the deceased. Which statement is correct?
A. Neither child can claim under the Act because adult children have no right to inherit.
B. Both children can claim under the Act as they are biological children.
C. Only the financially dependent child can claim under the Act.
D. The court must redistribute the estate equally between the wife and children.
C. Only the financially dependent child can claim under the Act.
Explanation: The IPFDA 1975 allows claims from adult children, but they must prove financial dependence. The independent child is unlikely to succeed, while the dependent child has a strong claim under Section 1(1).
A man died leaving a will that gave his estate to charity, excluding his long-term cohabiting partner of 15 years. She had no independent income and relied on him financially. What is the best course of action for her?
A. She cannot claim as she was not legally married to the deceased.
B. She must prove she was financially dependent before she can apply.
C. She can only inherit under the intestacy rules, not the IPFDA 1975.
D. She can apply under the IPFDA 1975 as a cohabitee who lived with the deceased for at least two years.
D. She can apply under the IPFDA 1975 as a cohabitee who lived with the deceased for at least two years.
Explanation: The Act allows unmarried cohabitees to claim financial provision if they lived with the deceased as spouses for at least two years before death.
A father made a will leaving his entire estate to his second wife and excluding his son from a previous relationship. The son has just turned 18 and is still studying. The second wife is financially well-off. Which is correct?
A. The son can apply under the Act because he is still in education.
B. The son has no claim as he is legally an adult.
C. The second wife must give the son a share of the estate under intestacy rules.
D. The court will only consider the son’s claim if he was disabled.
A. The son can apply under the Act because he is still in education.
Explanation: A child under 18 or still in education can apply under the Act, especially if financially dependent on the deceased.
A woman left a will giving her house to her stepdaughter but left nothing to her biological daughter. The stepdaughter was raised by the deceased but was not legally adopted. The biological daughter was estranged but in financial need. Who has the stronger claim under the Act?
A. The stepdaughter, because she was treated as a child of the family.
B. The biological daughter, as she is the legal child of the deceased.
C. Neither, as the deceased had testamentary freedom.
D. The court must split the house equally between both.
A. The stepdaughter, because she was treated as a child of the family.
Explanation: The Act allows stepchildren or others treated as “children of the family” to apply, even if not legally adopted.
A deceased person made a will leaving his estate to his two children, aged 25 and 30. He left nothing for his elderly cohabiting partner, who had lived with him for 20 years but had a separate income. What is the likely outcome if she makes a claim?
A. She will automatically receive a share as a cohabitee.
B. Her claim will fail as she was not financially dependent.
C. The court will order her to receive a lump sum if she can show financial need.
D. The children must share their inheritance with her.
C. The court will order her to receive a lump sum if she can show financial need.
Explanation: The court assesses financial dependency and need. Even if the applicant had an income, long-term cohabitees may receive provision if reasonable.
