Q&As

In circumstances where a claimant makes an Inheritance (Provision for Family and Dependants) Act 1975 claim against an estate, how can the parties involved ensure that, after the proceedings are determined or settled, another potential claimant does not issue a new claim against the same estate within 6 months post-grant?

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Produced in partnership with David Sawtell of 39 Essex Chambers
Published on LexisPSL on 05/07/2016

The following Wills & Probate Q&A Produced in partnership with David Sawtell of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • In circumstances where a claimant makes an Inheritance (Provision for Family and Dependants) Act 1975 claim against an estate, how can the parties involved ensure that, after the proceedings are determined or settled, another potential claimant does not issue a new claim against the same estate within 6 months post-grant?

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) creates a statutory regime under which certain categories of applicants can apply for an order for financial provision out of a deceased’s estate. The I(PFD)A 1975 prescribes the categories of applicants in s 1. I(PFD)A 1975, s 2 sets out the orders that the Court can make.

I(PFD)A 1975, s 2(4) specifically gives the Court power to include provisions in the order that are ‘necessary or expedient for the purpose of… securing that the order operates fairly as between one beneficiary of the estate of the deceased and another’. This provision doe

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