IPFDA 1975 Claims Flashcards
Who is eligible to apply for financial provision under the IPFDA 1975?
A. Any person who can prove financial hardship
B. Only a spouse or civil partner of the deceased
C. A spouse, former spouse, cohabitee, child, or dependant of the deceased
D. Anyone named in the deceased’s will
C. A spouse, former spouse, cohabitee, child, or dependant of the deceased
Explanation: Section 1(1) of the IPFDA 1975 outlines six categories of eligible applicants, including spouses, cohabitees, children, former spouses (if not remarried), and dependants.
What is the deadline for making a claim under the IPFDA 1975?
A. 3 months from the date of death
B. 6 months from the date of the grant of representation
C. 12 months from the date of the grant of representation
D. There is no time limit
B. 6 months from the date of the grant of representation
Explanation: Section 4 states that an applicant must bring a claim within six months of the grant of representation, though the court can extend this in exceptional circumstances.
What standard applies to a claim made by a surviving spouse?
A. Maintenance standard
B. The same standard as all other applicants
C. The reasonable financial provision standard, regardless of need
D. The applicant must prove they were financially dependent on the deceased
C. The reasonable financial provision standard, regardless of need
Explanation: Spouses and civil partners are assessed under a higher standard, considering what is reasonable in all circumstances, not just their maintenance needs.
If a cohabitee applies for financial provision, which requirement must they meet?
A. They must have lived with the deceased for at least two years before death
B. They must have been financially dependent on the deceased
C. They must have children with the deceased
D. They must have been engaged to the deceased
A. They must have lived with the deceased for at least two years before death
Explanation: Section 1(1)(ba) requires that a cohabitee must have lived with the deceased for two years immediately before death, but they do not need to prove financial dependency.
The deceased left their entire estate to a charity, excluding their adult son. The son is financially independent. Will his claim succeed?
A. Yes, because children have an automatic right to inherit
B. No, because adult, financially independent children rarely succeed in claims
C. Yes, because courts always ensure children receive a portion of the estate
D. No, because charity gifts override IPFDA claims
B. No, because adult, financially independent children rarely succeed in claims
Explanation: While children can apply, the courts are reluctant to award provision to independent adult children, unless special circumstances exist, such as disability or dependency.
A divorced applicant seeks financial provision but had a full financial settlement in divorce proceedings. Can they apply under the IPFDA 1975?
A. Yes, if no financial provision was made in the divorce
B. No, because divorce settlements automatically prevent claims
C. Yes, but only if they were financially dependent on the deceased
D. No, because former spouses are never eligible
A. Yes, if no financial provision was made in the divorce
Explanation: A former spouse can apply only if they have not remarried and they received no financial provision in the divorce. A clean break settlement will usually prevent a claim.
The deceased’s will gives their entire estate to their new spouse, leaving out their children from a previous marriage. What must the children prove to make a successful claim?
A. That their parent’s actions were morally wrong
B. That they were financially dependent on the deceased
C. That they are legally entitled to inherit a share of the estate
D. That their parent intended to leave them something but forgot
C. That they are legally entitled to inherit a share of the estate
Explanation: Under the IPFDA 1975, children can claim financial provision if they were financially dependent on the deceased. However, they do not automatically inherit, so they must establish their legal entitlement through dependency or maintenance needs.
The deceased owned a house as a joint tenant with their spouse. Can this be included in the estate under the IPFDA 1975?
A. No, because joint property automatically passes to the surviving owner
B. Yes, the court can bring the deceased’s share into the estate under s 9
C. No, because jointly owned property is never part of an estate
D. Yes, if the testator expressly stated in their will that it should be included
D. Yes, if the testator expressly stated in their will that it should be included
Explanation: Normally, joint tenancy property passes automatically to the surviving owner. However, if the testator severed the joint tenancy before death or expressed an intention in their will, it can be included in the estate.
A life interest is left to the deceased’s widow in their will. She argues this does not provide reasonable financial provision. What will the court consider?
A. The life interest cannot be changed
B. Whether the life interest provides adequate income
C. The life interest will automatically be converted into full ownership
D. Whether the widow has sufficient financial resources from other sources
D. Whether the widow has sufficient financial resources from other sources
Explanation: The court will assess whether the life interest is sufficient by considering the widow’s other financial resources. If it does not meet her reasonable financial needs, the court may vary the provision.
A cohabitee of 5 years has been left nothing in the deceased’s will. What must they prove to make a successful claim under the IPFDA 1975?
A. That they were in a financially interdependent relationship with the deceased
B. That they were legally married in another jurisdiction
C. That they were the main contributor to household expenses
D. That they were living with the deceased for at least two years before death
D. That they were living with the deceased for at least two years before death
Explanation: Cohabitees must show that they lived as if they were married or in a civil partnership with the deceased for at least two years immediately before death. Financial dependence is not required.
