Reasonable financial 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 showing that the deceased did not make reasonable financial provision for them. This has created a plethora of cases.

I(PFD)A 1975, s 1(2) distinguishes between the spouse or civil partner of the deceased on the one hand and all other applicants on the other.

For a spouse or civil partner reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for them to receive, whether or not that provision is required for their maintenance. For all other applicants reasonable financial provision