Family provision claims—any other person being maintained
Family provision claims—any other person being maintained

The following Wills & Probate practice note provides comprehensive and up to date legal information covering:

  • Family provision claims—any other person being maintained
  • 'being maintained'
  • 'other than a contribution made for full valuable consideration pursuant to an arrangement of a commercial nature'
  • 'immediately before the death of the deceased'

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 fit a potential claimant (so the claimant cannot also be one of those referred to in ss 1(1)(a)–(d)). Its use appears to have been reduced in importance by the introduction of the category of cohabitant.

The basis of a claim under this section is severely hampered by the necessity to prove that the claimant:

'… immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.'

Perhaps in recognition of the potential difficulties that this might raise, from 1 October 2014, the Inheritance and Trustee's Powers Act 2014 has provided assistance by qualifying the proof required:

a person is to be treated as being maintained by the deceased (either wholly or partly, as the case may be) only if the deceased was making a substantial contribution in money or money's worth towards the reasonable needs of that person, other than a contribution made for full valuable consideration pursuant to an arrangement of a commercial nature

As helpful as this may be, it still requires the practitioner to estimate the meaning of 'being maintained', 'other than a contribution made for full valuable consideration pursuant to an arrangement of a commercial nature and 'immediately before the death

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