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The Inheritance (Provision for Family and Dependants) Act 1975 (“The Inheritance Act”)

Procedure

A claim may be made against the estate of a deceased person by certain members of the deceased’s family and dependants categorised in the Inheritance (Provision for Family and Dependants) Act 1975 for financial provision out of the net estate of the deceased, on the ground that the disposition of the deceased’s estate effected by his/her Will and/or under the laws of intestacy is not such as to make reasonable financial provision for the Applicant (claimant). Such application must normally be made within 6 months of the date of probate.

Who may apply?

  • The spouse of the deceased
  • The registered civil partner of the deceased
  • The former spouse of the deceased who has not remarried
  • The former partner of the deceased who has not formed a subsequent civil partnership
  • A cohabitant of the deceased
  • A person who lived in the same household as the deceased as his/her civil partner
  • A child of the deceased
  • Any person who was treated as a child of the family whether within a marriage or civil partnership
  • Any other person who immediately before the death of the deceased was being maintained by them

Powers of the Court to make Orders

Subject to the provisions of this Act, where an application is made for an order under the Inheritance (Provision for Family and Dependants) Act 1975, the Court may, if it is satisfied that the disposition of the deceased’s estate effected by his Will or the law relating to intestacy, is not such as to make reasonable financial provision for the Applicant (claimant) make any one or more of the following orders:

  • An order for the making to the Applicant out of the net estate of the deceased of such periodical payments and for such term as may be specified in the order;
  • An order for the payment to the Applicant out of that estate of a lump sum of such amount as may be so specified;
  • An order for the transfer to the Applicant of such property comprising that estate as may be so specified;
  • An order for the settlement for the benefit of the Applicant of such property comprising that estate as may be so specified;
  • An order for the acquisition out of property comprising that estate of such property as may be so specified and for the transfer of the property so required to the Applicant or for the settlement thereof for his benefit;
  • An order varying any anti-nuptial or post nuptial settlement made on the parties to marriage to which the deceased was one of the parties;
  • An order varying any settlement made during the subsistence of a civil partnership or in anticipation of the formation of a civil partnership.

Matters to which the Court is to have regard in exercising powers

When an application is made for an order under Section 2 of the Inheritance (Provision for Family and Dependants) Act 1975, the Court has to determine whether the disposition of the deceased’s estate effected by his Will or the law relating to intestacy, is such as to make reasonable financial provision for the Applicant.

If the Court considers that reasonable financial provision has not been made it shall have regard to the following
matters:

  • The financial resources and financial needs to which the Applicant has, or is likely to have in the foreseeable future;
  • The financial resources and financial needs of any other Applicant for an order under Section 2 of this Act has, or is likely to have in the foreseeable future;
  • The financial resources and financial needs which any beneficiary of the estate of the deceased has, or is likely to have in the foreseeable future;
  • Any obligations and responsibilities which the deceased had towards any Applicant for an order under Section 2 or towards any beneficiary of the estate of the deceased;
  • The size and nature of the net estate of the deceased;
  • Any physical or mental disability of any Applicant for an order under the said Section 2 or any beneficiary of the estate of the deceased;
  • Any other matter including the conduct of the Applicant or any other person which in the circumstances of the case the Court may consider relevant.

One of our experienced family solicitors will be happy to assist you in your children matters. Please contact Severine Vincent or Kate Booth on 01926 422101 or visit our Contact page. Alternatively, you can send Severine or Kate a message direct using departments contact form.

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