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

Family provision claims—the spouse and civil partner

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

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