Family provision claims—intention to defeat a claim
Family provision claims—intention to defeat a claim

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

  • Family provision claims—intention to defeat a claim
  • Evidence of intention
  • Order
  • Definition of disposition
  • Contracts to leave property by will
  • Comparison with Section 37 of the Matrimonial Causes Act 1973

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 (including a trustee) who has received money, property or other assets from the deceased during their lifetime may be ordered to pay money or provide property to a claimant for reasonable financial provision under I(PFD)A 1975. The provisions effect the donee and his estate and not the money, assets or property given to the donee by the deceased. The remedy provided by I(PFD)A 1975, ss 10–13 is not a tracing remedy.

Where an application for reasonable financial provision is made, the claimant can combine this with an application to, in effect, recoup assets that have been disposed of with the intention of moving those assets out of the deceased's net estate. This includes applications where an application to extend time is also made by the claimant under I(PFD)A 1975, s 4.

For the application to succeed the court has to be satisfied:

  1. that the deceased, less than six years before their death, made a disposition with the intention of defeating an application for financial provision

  2. that full valuable consideration for that disposition was not given by the person to whom or for the benefit of whom the disposition was made or by any other person

  3. that the exercise of the powers

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