Section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is the catch-all provision and can be used if the other criteria do not...
Where the court is satisfied that reasonable financial provision has not been made for an applicant, it has power to make an order under section 2 of the Inheritance...
Child of the deceased Definition A child of the deceased is an eligible claimant under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975...
Introduction The conduct of the party who makes a claim for financial provision has always been a relevant matter. Section 1(6) of the Inheritance (Family Provision) Act...
The effect of the anti-avoidance provisions contained within the Inheritance (Provision for Family and Dependants) Act 1975 I(PFD)A 1975, ss 10–13 is that a person...
The court is required to move away from the common factors in section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) when considering...
The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is designed to allow a court to vary the dispositions effected by the Will or intestacy of a...
Assuming the applicant overcomes the hurdles of proving that they are within the appropriate class of claimants and that the deceased failed to make reasonable provision...
Time limits An application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) cannot be issued after...
Testators have full freedom to dispose of their estates as they wish, subject to the formal requirements for making a will and the requirements of testamentary capacity....
ApplicantsSpouse or civil partner of the deceasedI(PFD)A 1975, s 1(1)(a) Former spouse or civil partner of the deceased who has not formed a subsequent marriage or civil...
This is simplicity itself in the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) in that there is only one ground for the claim, namely: '… that...
The taxation of the estate is often a significant consideration in the compromise of claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A...
This Practice Note considers how a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) might be compromised to: • maximise...
The cohabitant The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) permits a claim by a person who has cohabited with the deceased and applies...
Claims for reasonable financial provision from an estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) appear to be on the...
Orders made by the court under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should ideally be final. Indeed, not all orders of the court...
In this Practice Note, the term ‘cohabitant’ is used to refer to an unmarried partner (other than a civil partner) of a member. For information on the...
In Bleak House, Dickens takes a satirical swipe at the court system with Jarndyce v Jarndyce, a probate action which is not understood by the litigants and which devours...
Cohabitants do not generally share the same rights afforded to a spouse or civil partner in the event of the death of their cohabitant (whether of the same-sex or...