WAE IPFDA Flashcards
Why might an adult child in financial hardship not receive provision under the IPFDA?
Because the court may consider:
Estrangement
Lack of moral obligation
The child’s independence
Even if there’s hardship, courts weigh the relationship quality and testator’s reasons for exclusion.
Ilott v Blue Cross [2017]: estrangement reduced the award despite need.
What is “moral obligation” under the IPFDA, and when is it important?
It’s a non-legal, personal duty the deceased arguably owed the applicant — considered under s3(1)(d).
Most important for adult children or stepchildren, who must often show:
They were cared for by the deceased
Contributed to the deceased’s welfare
Had an ongoing relationship
Courts weigh this when deciding if it’s reasonable for the applicant to receive provision.
Does a cohabitant have to show financial dependency to apply under the IPFDA?
No. Under s1(1)(ba), a cohabitant:
Must have lived with the deceased “as if married/civil partnered” for 2 years
Does not need to show dependency
They are entitled only to maintenance-level provision, but courts may interpret this broadly.
(See Negus v Bahouse – flat + lump sum awarded)
Can the court award housing to a cohabitant under the IPFDA?
Yes, if it’s required for their maintenance.
Courts can:
Transfer property
Settle property
Grant a right to occupy
As long as it meets the maintenance standard, housing can be part of the award.
See: s2 IPFDA and Negus v Bahouse [2008]
If a PR distributes the estate before 6 months from the grant, and a claim is made after, are they protected?
No.
Under s20 IPFDA, PRs are only protected if they distribute after 6 months from the grant.
Distributing before 6 months exposes them to personal liability, even if the claim is made later with court permission.
PRs should wait 6 months before distributing.
What’s the difference between provision for a spouse and a cohabitant?
Spouse/civil partner: entitled to provision that is reasonable in all the circumstances, not limited to maintenance
Cohabitant: only entitled to provision for maintenance
Spouses may receive substantial capital sums. Cohabitants’ awards must relate to needs.
When might the court refuse or limit provision for an estranged adult child?
If the estrangement was long-standing
If the applicant was financially independent
If the applicant rejected attempts at reconciliation
If the deceased left a clear letter of wishes explaining exclusion
Courts balance need with conduct and moral obligation.
What standard of provision applies to cohabitants under the IPFDA?
The maintenance standard:
“Such financial provision as would be reasonable in all the circumstances for their maintenance.”
This does not mean just survival-level support — courts interpret it flexibly, considering lifestyle, housing needs, etc.
A woman has died leaving everything to her civil partner under her will. Five months after her death, the solicitor administering the estate is contacted by a man who claims to have been in a relationship with the woman prior to her death. He produces evidence that this is the case and states that he wishes to make a claim against her estate under the Inheritance (Provision for Family and Dependants) Act 1975. The man is in well-paid employment and was not supported by the woman prior to her death.
Which of the following correctly states the position in regard to his claim?
a) The claimant is not within time to make a claim, although if he can establish a relationship with the woman, he would otherwise have been able to make a claim.
b) The claimant is within time but does not appear to have been maintained by the woman at the time of her death and is not therefore able to claim against her estate in these circumstances.
c) The claimant is not within time and is not a member of the family. A claim may therefore not be made against the woman’s estate.
d) The claimant may make a claim at any point up until the final distribution of the estate. However, the fact of the relationship alone is not sufficient to qualify for a claim.
e) The claimant may make a claim at any point, but would have to demonstrate that he was being maintained by the woman at the date of her death.
b) The claimant is within time but does not appear to have been maintained by the woman at the time of her death and is not therefore able to claim against her estate in these circumstances.
A firm of solicitors is holding the will of a former client. The client has now passed away and his son is concerned that he may have been unfairly left out of the will. He wishes to obtain a copy of the will.
What action should the solicitor take to avoid being in breach of his duty of confidentiality?
a) Provide the son with a copy of the will as the solicitor knows he is a major beneficiary.
b) Provide the son with a copy of the will, once the will has been read and it becomes a public document.
c) Provide the son with a copy of the will as the will is only confidential whilst the client is alive.
d) Provide the son with a copy of the will once the personal representatives have provided their consent.
e) Provide the son with a copy of the will, if the widow of the client has authorised the disclosure.
d) Provide the son with a copy of the will once the personal representatives have provided their consent.
A woman gives instructions to her solicitor for a will. She has a very strained relationship with her son, to whom she has not spoken for many years. He is unemployed and his financial circumstances are very difficult. The woman does not want him to receive anything under her will and wishes to prevent any claim in the future.
Which of the following correctly states the most appropriate advice for the solicitor to give in the circumstances?
a) The solicitor should advise the woman to write a letter stating her decision, but should also make it clear that this is not a guarantee that no claim may be made against her estate.
b) The law allows for complete testamentary freedom. Provided a detailed file note is kept to confirm testamentary capacity, the will can be drafted as instructed and a claim avoided.
c) Failure to provide for close family members indicates a lack of testamentary capacity and this should be investigated by the solicitor.
d) The solicitor should advise the woman to write a letter explaining her decision. This would prevent any claim by her son against the estate.
e) The solicitor should advise the woman to make a gift to her son in order to avoid a claim against the estate in the future.
a) The solicitor should advise the woman to write a letter stating her decision, but should also make it clear that this is not a guarantee that no claim may be made against her estate.
A man has died leaving a wife and children. A woman has made a claim against the estate stating that she was being maintained by the deceased for a number of years until three months before his death. The deceased suffered a stroke at that time and was in hospital until his death.
Which of the following correctly states the position with regard to the woman’s claim?
a) The criteria for claiming against the estate are not met as the deceased was not maintaining the claimant at the time of death.
b) The woman may not claim against the estate as she does not fall within any of the eligible categories.
c) The court could disregard the last three months of the deceased’s life as there appears to be a settled basis for maintenance.
d) While not fatal to the woman’s claim, the discontinuance of maintenance prior to death will make a successful claim far less likely.
e) The criteria for eligibility to claim do not include the last six months prior to death when considering maintenance and the discontinuance would therefore be irrelevant.
c) The court could disregard the last three months of the deceased’s life as there appears to be a settled basis for maintenance.
Can a former partner claim under the IPFDA if they were in a relationship but not cohabiting and not maintained?
No. They must fit a statutory category. Without:
Cohabitation for 2 years under s1(1)(ba), or
Being maintained under s1(1)(e),
they cannot claim — even if there was a romantic relationship.
Does a letter of wishes prevent a claim under the IPFDA?
No. It helps justify exclusion, but isn’t binding.
Courts may consider it under s3(1)(g) — applicant conduct and any other relevant matter, but it doesn’t bar a claim.
What is the fundamental legal basis for a claim under the IPFDA 1975?
That the disposition of the deceased’s estate (via will or intestacy) fails to make reasonable financial provision for the applicant.
This is the only ground under s1 IPFDA.
Who is eligible to claim under the IPFDA?
Only people in one of six categories in s1(1):
Spouse or civil partner
Former spouse or civil partner (not remarried)
Cohabitant (2+ years in same household)
Child of the deceased
Child of the family
Person maintained by the deceased (not commercially)
What must a cohabitant prove to be eligible under the IPFDA 1975
That they lived with the deceased:
In the same household
For at least 2 years before death
As if they were spouses or civil partners
No dependency is required for eligibility.
What does “maintenance” mean under the IPFDA?
It is not defined in the Act, but courts interpret it to mean provision to meet daily living needs.
It is not subsistence-level — may include housing, bills, modest lifestyle support.
It is assessed flexibly based on context.
In assessing whether reasonable provision has been made, what point in time must the court consider?
The court must assess whether provision is reasonable as at the date of the hearing, not at death or will execution — s3(1) and case law confirm this.
Does having a life interest or discretionary trust under a will automatically satisfy “reasonable financial provision”?
No. The court must assess whether the trust interest actually meets the applicant’s needs.
A discretionary trust offers no guarantee
A life interest may be enough if income from the asset meets needs
The court can award a life interest as an alternative to capital, especially where preserving the capital for others (e.g. children) is appropriate
Which of the following is the standard applied when assessing the claim of a surviving spouse or civil partner under the IPFDA 1975?
Such financial provision as it would be reasonable in all the circumstances for a husband or wife or civil partner to receive whether or not that provision is required for his or her maintenance.
Which of the following most accurately reflects the guidelines applicable to spouses and civil partners?
The court must consider
- the applicant’s age and duration of the marriage or civil partnership
- any contributions made by the applicant to the welfare of the deceased (including any contributions made by looking after the home or caring for the family).
- what the applicant might reasonably have expected to receive on divorce or dissolution of the civil partnership.
