Family provision claims—matters of regard for each applicant
Family provision claims—matters of regard for each applicant

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

  • Family provision claims—matters of regard for each applicant
  • Surviving spouse/civil partner or former spouse/civil partner (not remarried/formed a new civil partnership)
  • Age
  • Duration of marriage
  • Contribution
  • The ‘deemed divorce’ fiction
  • Pre-nuptial agreement
  • Cohabitant
  • Child of the deceased/family
  • Persons maintained by the deceased

Under section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) there are matters to which the court must have regard in all cases, see Practice Note: Family provision claims—matters to which the court must have regard. There are also matters to which the court must have regard for specific classes of applicant only and it is these matters that are considered in this Practice Note.

Surviving spouse/civil partner or former spouse/civil partner (not remarried/formed a new civil partnership)

In relation to an application made by a spouse or civil partner or former spouse or former civil partner, who has not formed a subsequent marriage or civil partnership, the court will additionally have regard to:

  1. the age of the applicant

  2. the duration of the marriage/civil partnership

  3. the contribution by the applicant to the welfare of the family of the deceased, including looking after the home or caring for the family

  4. in the case of a spouse/civil partner, what they could have expected to receive if the relationship had ended on the day of death by reason of divorce/dissolution order rather than death (but only if no separation order was in force and there was no continuing separation)

Age

This will have a bearing on any award, as the age of the claimant may dictate income earning potential. Additionally, if the survivor was not accustomed

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