Family provision claims—matters to which the court must have regard
Family provision claims—matters to which the court must have regard

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

  • Family provision claims—matters to which the court must have regard
  • Financial needs and financial resources
  • Obligations and responsibilities
  • Size and nature of the estate
  • Physical and/or mental condition
  • Any other relevant matter

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) is designed to allow a court to vary the dispositions effected by the Will or intestacy of a person domiciled in England or Wales at the time of their death. The court may make financial provision or increase financial provision to certain classes of claimant as set out in the Act. In coming to a conclusion as to whether or not reasonable provision has been made for a claimant, the court must have regard to various factors set out in the I(PFD)A 1975.

The court will first need to consider what provisions, if any, have been made in the Will or on the intestacy of the deceased, or a combination of both, for the claimant and ask itself whether those provisions are reasonable. If it decides either no provision has been made or the provision made is not reasonable in the circumstances the court will then need to consider whether it should exercise its powers under I(PFD)A 1975, s 2. In the event that it decides to exercise those powers it must then decide to what extent and in what manner it should do so having regard to the factors set out in I(PFD)A 1975, s 3(1)(a)–(g). The weight that should be attached to each of those will be dependent on