Family provision claims—orders which the court can make
Family provision claims—orders which the court can make

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

  • Family provision claims—orders which the court can make
  • Interim orders
  • Periodical payments
  • Lump sum
  • Transfer and settlement
  • Ante/post-nuptial settlement variation
  • Consequential orders

Assuming the applicant overcomes the hurdles of proving that they are within the appropriate class of claimants and that the deceased failed to make reasonable provision for them, the court will consider the necessary order. Leaving aside the actual mathematics of the final decision, the court can make one or more of the following orders:

  1. periodical payments for such term as may be specified

  2. a lump sum of such amount as may be specified

  3. the transfer to the applicant of such property as may be specified

  4. the settlement for the benefit of the applicant of such property as may be specified

  5. the acquisition of such property from the estate as may be specified and for the transfer of the property so acquired to the applicant or for the settlement thereof for their benefit

  6. the variation of any ante-nuptial or post-nuptial settlement (including such a settlement made by Will) made on the parties to a marriage to which the deceased was one of the parties, the variation being for the benefit of the surviving party to that marriage or any child of that marriage or any person who was treated by the deceased as a child of the family in relation to that marriage

  7. an order varying any settlement made:

    1. during the subsistence of a civil partnership formed by the deceased or