Q&As

Is the defendant (being the sole beneficiary of the estate) in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 obliged to disclose joint assets which they held with the deceased (such as bank accounts which passed to them on the deceased's death) to the claimant, who is the daughter of the deceased?

read titleRead full title
Published on LexisPSL on 14/11/2019

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Is the defendant (being the sole beneficiary of the estate) in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 obliged to disclose joint assets which they held with the deceased (such as bank accounts which passed to them on the deceased's death) to the claimant, who is the daughter of the deceased?

In deciding whether to disclose the joint assets, consider the following:

  1. section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), in particular, I(PFD)A 1975, s 3(c) provides that when making an order under I(PFD)A 1975, s 2, the court must consider ‘the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future’

Related documents:

Popular documents