Family provision claims—reasonable financial provision
Family provision claims—reasonable financial provision

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

  • Family provision claims—reasonable financial provision
  • 'reasonable financial provision'
  • Spouse
  • Civil partner
  • Other claimants
  • Special cases
  • The provision

In the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) there is only one ground for the claim, namely:

'… that the disposition of the deceased's estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant.'

Having overcome the first hurdle of successfully proving that they are a claimant, the applicant will be faced with the requirement of convincing a court that the deceased did not make reasonable provision for them. This has created a plethora of cases but I(PFD)A 1975 does attempt to define the meaning of what may be expected ordinarily to be such provision in the case of each of the respective applicants defined in I(PFD)A 1975, s1.

Having said that, I(PFD)A 1975, s 2 only distinguishes between the spouse or civil partner of the deceased, on the one hand, and all other applicants on the other. Matters are expanded upon in I(PFD)A 1975, ss 14 and 14A in relation to spouses or civil partners who die within 12 months of the termination of the marriage or civil partnership.

Help is given to the practitioner in determining whether there has been reasonable provision in that the court must take various matters into consideration when determining the issue. However, while the list

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