Family provision claims—settlement and welfare benefits
Produced in partnership with Richard Dew of Ten Old Square
Family provision claims—settlement and welfare benefits

The following Wills & Probate practice note Produced in partnership with Richard Dew of Ten Old Square provides comprehensive and up to date legal information covering:

  • Family provision claims—settlement and welfare benefits
  • The powers available under the Inheritance (Provision for Family and Dependants) Act 1975
  • The effect of orders made under the Inheritance (Provision for Family and Dependants) Act 1975
  • Mechanics of compromise
  • Welfare benefits, tax credits and community care
  • The benefits
  • Tax credits
  • Universal Credit
  • Community care
  • The means test
  • More...

This Practice Note considers how a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) might be compromised to:

  1. maximise the availability of welfare benefits or tax credits for a claimant

  2. avoid a claimant losing entitlements to other state funding, such as for community or residential care

  3. achieve the same results for beneficiaries of the estate who are not claimants under the I(PFD)A 1975

The powers available under the Inheritance (Provision for Family and Dependants) Act 1975

The court’s powers to make an order pursuant to I(PFD)A 1975, s 2 include orders for the payment from the net estate of periodical payments, lump sums for the transfer of specific property and orders varying ‘for the applicant’s benefit the trusts on which the deceased’s estate is held’. There is therefore a wide range of possible forms in which provision might be made by the court for a claimant and it is not necessary that an award be made by a simple lump sum payment.

Pursuant to I(PFD)A 1975, s 2(4) where the court makes an order under the Act, it has the power to make ‘such consequential and supplemental provisions as the court thinks necessary or expedient for the purpose of giving effect to the order or for the purpose of securing that the order operates fairly as between one beneficiary … and

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