IPFDA Claims

Question 1

IPFDA Grounds

Answer 1

The deceased failed to make reasonable financial provision for the applicant.

Question 2

IPFDA –timing

Answer 2

Claim must be brought within 6 months of the grant of representation was issued.

Question 3

IPFDA – jurisdiction

Answer 3

The deceased (but not the applicant) must reside in England & Wales

Question 4

IPFDA – applicant categories

Answer 4

1. Spouse.
2. Former spouse.
3. Cohabitee for 2 years immediately before death.
4. Child.
5. Someone treated as a child by the deceased.
6. Any other person who was maintained by the deceased immediately before their death.

Question 5

Meaning of maintenance in relation to applicant category

Answer 5

Substantial voluntary contributions in money/money’s worth towards the reasonable needs of that person (other than in a commercial setting).

Question 6

Property IPFDA applies to

Answer 6

1. Succession estate.
2. Statutory nominations and DMCs.
3. Severable share of joint property.
4. Any property over which the deceased had an unexercised general power of appointment.
5. Any other property disposed during life but caught by the anti-avoidance regime.

Question 7

Orders under IPFDA

Answer 7

1. Lumo sum.
2. Periodic payments.
3. Transfer of property.
4. Acquisition of property for transfer.
5. Variation of marriage/civil partnership settlements.
6. Variations of trusts on which D’s estate is held.

Question 8

Standards of reasonable provision

Answer 8

1. Spouse standard – financial provision necessary in all circumstances whether or not necessary for maintenance.
2. All other applicants – financial provision necessary in all circumstances for maintenance.

Question 9

When can the spousal standard be extended?

Answer 9

1. Cohabitees for 2 years.
2. Former spouses divorced/separated within 12 months of death.
3. Where no order for financial provision has been made in any ancillary proceedings.

Question 10

IPFDA – common guidelines to all applicants

Answer 10

1. Financial needs/resources of the applicant, other applicants and any beneficiaries.
2. Deceased’s obligations to other applicants/beneficiaries.
3. Size and nature of the estate.
4. Physical/mental disability of any applicant/beneficiary.
5. Any other considerations the court thinks relevant.

Question 11

IPFDA – additional guidelines for spouses

Answer 11

1. Applicant’s age and duration of marriage.
2. Whether the applicant has made any contributions to the welfare of D’s family.

Question 12

IPFDA – additional guidelines for former spouses

Answer 12

1. Applicant’s age and duration of marriage.
2. Whether the applicant has made any contributions to the welfare of D’s family.
3. Provision that the applicant might have been reasonably expected to receive in divorce proceedings.

Question 13

IPFDA – additional guidelines for cohabitees

Answer 13

1.Applicant’s age and duration of marriage.
2. Whether the applicant has made any contributions to the welfare of D’s family.

Question 14

IPFDA – additional guidelines for children

Answer 14

1. Manner in which the applicant was educated/trained (or expected to be).