Q&As

A former spouse received maintenance from the deceased under a financial order that included a clean break provision in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). Could they make a claim under I(PFD)A 1975 against the deceased’s estate as someone being maintained by the deceased immediately before their death rather than as a former spouse?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 02/01/2019

The following Wills & Probate Q&A Produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • A former spouse received maintenance from the deceased under a financial order that included a clean break provision in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). Could they make a claim under I(PFD)A 1975 against the deceased’s estate as someone being maintained by the deceased immediately before their death rather than as a former spouse?
  • The categories of applicant
  • Clean break provision
  • Chekov v Fryer

The categories of applicant

Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) specifies the categories of people who are entitled to apply under I(PFD)A 1975 on the basis they have not received reasonable financial provision from the estate. These are:

  1. a spouse or civil partner

  2. a former spouse or civil partner who has not remarried or entered into a civil partnership

  3. a cohabitant, defined in I(PFD)A 1975, ss 1(1A) and 1(1B) as someone who was living with the deceased as a spouse or civil partner for at least two years immediately prior to the death

  4. a child of the deceased

  5. a person treated by the deceased as a child of the family

  6. any person (not being a person included in the foregoing paragraphs) who was being maintained either wholly or partly by the deceased immediately before the death

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