Family provision claims—variation, discharge, suspension and revival of orders
Family provision claims—variation, discharge, suspension and revival of orders

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

  • Family provision claims—variation, discharge, suspension and revival of orders
  • Periodical payments
  • The applicant
  • Orders
  • Secured periodical payments
  • Lump sum
  • Maintenance agreements
  • Other financial relief orders

Orders made by the court under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should ideally be final. Indeed, not all orders of the court can be varied but it is possible, under the I(PFD)A 1975, to alter the effect of some orders to reflect, for instance, a change in circumstances, It is also possible to vary orders made in the course of divorce proceedings.

There is no reported case of an application under I(PFD)A 1975 for a variation by any person other than the original applicant.

Periodical payments

Such orders, having been made under I(PFD)A 1975, s 2(1)(a) can be varied or discharged or have any part of them temporarily suspended or revived after suspension. Specific statutory authority is given to allow the court, within its power to vary, to make an order for periodical payments after the original order has expired due to the occurrence of a specified event or on expiration of a time limit.

The applicant

Those who can apply are set out in I(PFD)A 1975:

  1. any person who has applied, or would have been entitled to apply had they not exceeded the time limit for the application, for an order that the deceased failed to make reasonable financial provision for them

  2. the personal representatives of the deceased

  3. the trustees of any relevant property

  4. any beneficiary of the estate of the deceased

For

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