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The Inheritance (Provision for Family and Dependants)
Act 1975 ("the 1975 Act") allows certain categories
of Claimant to apply to the Court for provision out of a deceased's
estate when reasonable financial provision has not been made
for them either under the deceased's will or intestacy.
A claim can only be brought under the 1975 Act if the
deceased was domiciled in England and Wales at the date of
death.
Who can Claim?
There are several categories of claimant:
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A spouse or civil partner of the deceased; |
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An ex-spouse or ex-civil partner of the
deceased who has not remarried nor entered a new civil
partnership; |
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A child of the deceased; |
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Any person who in the case of a marriage
or civil partnership to which the deceased was a party
to at any time was treated by the deceased as a child
of the family in relation to that marriage or civil partnership
(usually step-children) |
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Any person who immediately before the death
of the deceased was being maintained either wholly or
partly by the deceased; |
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Any person who during the whole of the period
of two years ending immediately before the death of the
deceased was living in the same household as the deceased
as husband or wife or civil partner of the deceased. |
What is reasonable financial provision?
The test is an objective one. For spouses and civil partners,
reasonable financial provision is defined as such financial
provision as is reasonable in all the circumstances whether
or not required for their maintenance. For all other types
of claimant it is considered to be such financial provision
as it would be reasonable in all the circumstances of the
case for the claimant to receive for his/her maintenance.
What factors does the Court take into consideration?
The Court will consider a number of factors including:
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The financial resources and need of the
claimant, both now and in the foreseeable future; |
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The financial resources and needs of any
other claimant, both now and in the foreseeable future; |
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The financial resources and needs of any
beneficiary of the estate, both now and in the foreseeable
future; |
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Any obligations or responsibilities which
the deceased had towards any claimant or any beneficiary
of the estate; |
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The size and nature of the estate |
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Any physical or mental disability of any
claimant or beneficiary; |
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Any other matter including the conduct of
the claimant or any other person which in the circumstances
of the case the court may consider relevant |
There are also a number of "special" factors that
the court will consider depending on the category of claimant.
For example, for a claim by a spouse, the court will consider
the duration of the marriage and the contribution made by
the applicant to the welfare of family.
When should a claim be made?
A claim under the 1975 Act must be made within 6 months of
the date of the Grant of Probate.
This note is intended to provide general information and
is not intended to be comprehensive nor to provide specific
legal advice and should not be acted or relied upon as doing
so. For further information, please contact any member of
the Trusts & Fiduciary Disputes Team.
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