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

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

  • Family provision claims—matters of regard for each applicant
  • Surviving or former spouse/civil partner
  • Cohabitant
  • Child of the deceased/family
  • Former spouse/civil partner
  • Any other person

The court is required to move away from the common factors in section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) when considering each class of applicant.

Surviving or former spouse/civil partner

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. any contribution to the care and welfare of the family and the home

  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 to working during the relationship, age may be a factor in their ability to train/retrain or even get a job, even more so if they are caring for a child. Cases decided under divorce legislation are instructive in assessing a likely outcome.

After an effective marriage of nine months a wife