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

The following Wills & Probate practice 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

If a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) proceeds to a final hearing, 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 the transfer of the property to the applicant or the settlement of the property 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

    2. in anticipation of the formation of a civil partnership by the deceased

    on the civil partners (including such a settlement made by Will), the variation being for the benefit

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