Family provision claims—the spouse and civil partner
Family provision claims—the spouse and civil partner

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

  • Family provision claims—the spouse and civil partner
  • Categories of claimant
  • Domicile
  • Spouse and civil partner
  • Marriage
  • Divorce
  • Void marriages and civil partnerships
  • Judicial separation
  • Death within 12 months of divorce or dissolution
  • A former spouse or former civil partner who has not formed a subsequent marriage or civil partnership

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) enables the court to make an order for a wide variety of relief in favour of a claimant from the estate of the deceased but it is up to that claimant to prove that they fall within a category recognised by I(PFD)A 1975 as being able to bring a claim against the estate for reasonable financial provision. Schedule 2 of the Inheritance and Trustees' Powers Act 2014 (ITPA 2014) which came into force on 1 October 2014, makes amendments to the I(PFD)A 1975.

Categories of claimant

Those persons eligible to bring a claim are:

  1. the spouse or civil partner of the deceased

  2. a former spouse or former civil partner of the deceased but not one who has formed a subsequent marriage or civil partnership

  3. where the deceased died after 1 January 1996, any person (not being a person included in the paragraphs above) who during the whole of the period of two years ending immediately before the date when the deceased died, was living:

    1. in the same household as the deceased and

    2. as the husband or wife of the deceased

  4. a person, if for the whole of the period of two years ending immediately before the date when the deceased died that person was living:

    1. in the same household as the deceased and

    2. as the

Related documents:

Popular documents