Will VI Claims against estates under Inheritiance (provision for family and depednants) Act 1975

Question 1

Explain an application for family provision claim under Inheritnace (provision for family and dependants) Act 1975

Answer 1

Under the Act an application can be made to set aside the terms of a will or vary an intestacy of a person who died domiciled in E&W on the grounds that reasonable finnaical provision has not been made for the applicant

Question 2

Deadline for an an application for family provision claim under Inheritnace (provision for family and dependants) Act 1975

Answer 2

such a claim must typically be made within six months from the date of the grant

Question 3

Parties eligible to make a claim under the 1975 Act

Answer 3

surviving spouse or civil partner

A former spouse or civil partner who has not remarried

A child of the deceased or a person treated as a child of the family (stepchild)

A person who was being maintained, wholly or partly by the deceased before the death

A person who was living with the deceased during the whole of the two-year period immediately before the death as if they were the spouse, civil partner, or same sex partner of the deceased.

Question 4

Explain the standard of reasonalble finanical provision

Answer 4

for a spouse applicant: what would be reasonable in all the circumstances, whether or not required for their maintenance

For other applicants, the standard is such provision required for their maintenance such that they can live decently and comfortable accounding to their situation

Question 5

Consequences of the court decision to approve the decision under the 1975 Act

Answer 5

If the court approves the application, the estate devolves according to the terms of the court’s order and not in accordance with the will or the rules on intestacy

The court has wide discretion to make the following orders:

The transfer of property

Payment of a lumpsum

Payment of income

Settlement of property on trust