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 practice 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 of the deceased
  • Size and nature of the estate
  • Physical and/or mental disability
  • Any other relevant matter
  • Deceased's reasons
  • When is conduct relevant?
  • Proprietary estoppel

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 I(PFD)A 1975. In coming to a conclusion as to whether or not reasonable financial provision has been made for a claimant, the court must have regard to various factors set out in the I(PFD)A 1975, s 3.

The court will need to consider together the two questions:

  1. did the Will or intestacy make reasonable financial provision for the claimant?

  2. if not, what reasonable financial provision should now be made for the claimant?

When answering these two key questions, I(PFD)A 1975, s 3(1) directs the court to have regard to all the matters set out in that sub-section. These are known as the ‘section 3 criteria’. The I(PFD)A 1975 does not give any of the criteria greater or lesser importance. The appropriate weight to be given to each of the criteria will depend on the particular case being considered.

The section 3 criteria are:

  1. the financial resources and financial needs which the claimant has or is likely to have in the foreseeable future

  2. the financial resources and financial

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