Family provision claims—calculating the award
Produced in partnership with Richard Dew of Ten Old Square
Family provision claims—calculating the award

The following Wills & Probate guidance note Produced in partnership with Richard Dew of Ten Old Square provides comprehensive and up to date legal information covering:

  • Family provision claims—calculating the award
  • Section 3 factors
  • Assessing needs
  • Calculating lump sum awards
  • Effect of means tested benefits
  • Housing provision
  • Particular applicants

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 (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) for:

  1. periodic payments

  2. payment of a lump sum

  3. the transfer of property

  4. the settlement of specified property

  5. the variation of an ante or post-nuptial settlement

  6. variation of the trusts on which the estate is held

In practice, the most common order is for the payment of a lump sum to the applicant.

The basis for any award is that of ‘reasonable financial provision’.

For a spouse or civil partner, ‘reasonable financial provision’ means such financial provision as it would be reasonable in all the circumstances of the case for a spouse or civil partner to receive, whether or not required for their maintenance. Such provision can therefore include provision of a capital nature, ie provision that is not merely limited to providing for their regular income needs.

For all other applicants, reasonable financial provision means such maintenance as ‘it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance’. Therefore, such provision must be to meet regular income needs and not to make capital provision. This does not mean that for non-spousal applicants provision cannot be made by lump