Lecture Four: Challenging Estate Distribution Flashcards

1
Q

Eligible applicants can claim under the 1975 Act that a will has not made appropriate provision for them. What is the other basis for a challenge?

A

The will lacks validity. Lack of intention, lack of capacity or failure to comply with formalities.

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2
Q

Which children can bring a 1975 Act claim?

A

Biological children, or any person treated as a child of the deceased such as step child, adopted child or child of a cohabitee.

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3
Q

What are the possible orders following a successful 1975 Act claim?

A

Lump sum payment, periodical payments, transfer of property, settlement of property on trust.

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4
Q

What assets can a 1975 Act claim relate to?

A

All assets passing under a will AND any jointly owned property.

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5
Q

Which sort of applicants could succeed under the ordinary standard?

A

Anyone who actually needs to be maintained. Child applicants, disabled applicants, unemployed applicants etc.

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