Family provision claims—intention to defeat a claim

Published by a LexisNexis Private Client expert
Practice notes

Family provision claims—intention to defeat a claim

Published by a LexisNexis Private Client expert

Practice notes
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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 their 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 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

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Jurisdiction(s):
United Kingdom
Key definition:
Anti-avoidance definition
What does Anti-avoidance mean?

This is the term used to refer to the Pensions act 2004 provisions aimed at preventing employers from using corporate structures to avoid pension liabilities.

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