IPFDA 1975

Question 1

What are the 5 stages to consider when considering a potential claim under IPFDA 1975?

Answer 1

(1) Applicant
(2) Time Limit
(3) Grounds
(4) Court Considerations
(5) Orders

Question 2

What are the 6 main categories of people who can apply under IPFDA 1975?

Answer 2

(1) Spouse / Civil Partner
(2) UNMARRIED Former Spouse
(3) Relationship + lived together 2 years
(4) Child
(5) Treated as a Child (e.g. stepchild)
(6) Maintained

Question 3

Can a FORMER Spouse apply under IPFDA?

Answer 3

Yes If UNMARRIED

Question 4

Can a cohabitee in a relationship apply under IPDFA?

Answer 4

Yes IF Lived together for 2 years prior to death

Question 5

A person who was ‘MAINTAINED’ can apply under IPDFA.
(1) How is ‘Maintained’ defined?
(2) What is the main exception to a person who CANNOT be seen as ‘Maintained’?

Answer 5

(1) ‘SUBSTANTIAL’ contribution in money / money’s worth IMMEDIATELY prior to death
(2) Commercial relationship (e.g. employee, carer)

Question 6

(1) What is the TIME LIMIT to make a claim under IPDFA?
(2) Can this be extended?

Answer 6

(1) 6 months from ISSUE of ‘GRANT OF REPRESENTATION’
(2) Court DISCRETION

Question 7

(1) What GROUND will an applicant apply under IPDFA? (tip - RFP)
(2) What 2 STANDARDS are used to assess this?

Answer 7

(1) Did the Will / Intestacy make a “REASONABLE FINANCIAL PROVISION” for the applicant?

(2)
(a) SPOUSAL Standard
(b) MAINTENANCE Standard

Question 8

What 2 groups of people does the ‘Spousal Standard’ apply to?

Answer 8

(1) Spouse
(2) FORMER Spouse if:
(a) NOT Remarried
(b) Divorce in past 12 months

Question 9

(1) What is the ‘SPOUSAL Standard’?
(2) What is the starting point for this?
(3) What factor is NOT considered?

Answer 9

(1) Reasonable “IN ALL CIRCUMSTANCES”
(2) Share spouse would have received if marriage ended in DIVORCE (i.e. 50/50 split)
(3) Maintenance

Question 10

What is the ‘Maintenance Standard’?

Answer 10

Reasonable for ‘HIS MAINTENANCE’

Question 11

What 5 factors are considered when assessing ‘Did the Will / Intestacy make a “REASONABLE FINANCIAL PROVISION” for the applicant?’ under both the ‘Maintenance’ and ‘Spousal Standard’?

Answer 11

(1) FINANCIAL RESOURCES & NEEDS of Applicant VS BENEFICIARIES
(2) MORAL OBLIGATIONS
(3) SIZE & NATURE of Estate
(4) PHYSICAL / MENTAL DISABILITY of Applicant vs Beneficiary
(5) OTHER FACTORS (e.g. reasons given why excluded)

Question 12

What 5 factors are considered when assessing ‘Did the Will / Intestacy make a “REASONABLE FINANCIAL PROVISION” for the applicant?’ under both the ‘Maintenance’ and ‘Spousal Standard’?

Answer 12

(1) FINANCIAL RESOURCES & NEEDS of Applicant VS BENEFICIARIES
(2) MORAL OBLIGATIONS
(3) SIZE & NATURE of Estate
(4) PHYSICAL / MENTAL DISABILITY of Applicant vs Beneficiary
(5) OTHER FACTORS (e.g. reasons given why excluded)

Question 13

What additional 3 factors will the court consider when assessing the ‘SPOUSAL Standard’?

Answer 13

(1) AGE of Applicant
(2) DURATION of Marriage
(3) CONTRIBUTION TO WELFARE OF DECEASED (e.g. did they look after?)

Question 14

What 3 orders can the court make to a successful applicant under IPDFA?

Answer 14

(1) PERIODIC Payments
(2) LUMP SUM
(3) Transfer of Specific PROPERTY (to A)

Question 15

What is a successful claim under IPFDA 1975 made against and what does it include that is normally Excluded?

Answer 15

(1) NET Estate
(2) D’s SHARE in JOINT PROPERTY (e.g. house, bank account)