IPFDA 1975

Question 1

Who can make a claim under the IPFDA?

Answer 1

• Spouse/ Civil partner of the deceased
• former spouse/civil partner who has not remarried or formed a subsequent civil partnership
• a person who cohabited with deceased as if they were spouses/civil partners for TWO years prior to their death
• A child of the deceased (including adopted children, adoption severs ties with birth family)
• Any person who was treated by the deceased as a child of their family
• Any other person who was maintained (wholly or partly) by the deceased immediately before their death.

Question 2

What are the two standards of financial provision?

Answer 2

1. Surviving spouse standard
2. Maintenance standard

Question 3

What is the surviving spouse standard?

Answer 3

Such financial provision as it would be reasonable in all the circumstances for a husband or wife or civil partner to receive WHETHER OR NOT that provision is required for his or her maintenance.

Question 4

What is the maintenance standard?

Answer 4

Such financial provision as it would be reasonable in all the circumstances for a husband or wife or civil partner to receive for his/her maintenance.

Question 5

Can the PRs be liable if they wait six months and then distribute the assets but then a IPFDA claim is made (with permission of the court)?

Answer 5

The PRs are not personally liable as they waited over six months from the grant to distribute the estate but the claimant can recover monies from the beneficiaries, if the court permits an application and it succeeds.