Lecture Four: Challenging Estate Distribution Flashcards
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?
The will lacks validity. Lack of intention, lack of capacity or failure to comply with formalities.
Which children can bring a 1975 Act claim?
Biological children, or any person treated as a child of the deceased such as step child, adopted child or child of a cohabitee.
What are the possible orders following a successful 1975 Act claim?
Lump sum payment, periodical payments, transfer of property, settlement of property on trust.
What assets can a 1975 Act claim relate to?
All assets passing under a will AND any jointly owned property.
Which sort of applicants could succeed under the ordinary standard?
Anyone who actually needs to be maintained. Child applicants, disabled applicants, unemployed applicants etc.