Q&As

Is there any case law clarifying what a claimant must show in order to establish that they were ‘treated as a child of a marriage’ for the purposes of section 1(1)(d) of the Inheritance (Provision for Family and Dependants) Act 1975?

read titleRead full title
Published on LexisPSL on 23/01/2018

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

  • Is there any case law clarifying what a claimant must show in order to establish that they were ‘treated as a child of a marriage’ for the purposes of section 1(1)(d) of the Inheritance (Provision for Family and Dependants) Act 1975?

Section 1(1)(d) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) states that an applicant within this category is not a child of the deceased but a child who was treated by the deceased as a child of the family in the context of:

  1. a marriage

  2. a civil partnership, or

  3. any family in which the deceased at any time stood in the role of a parent

Prior to 1 October 2014, when the Inheritance and Trustees’ Powers Act 2014 (ITPA 2014) came into force, this section only covered a child treated by the deceased as a child of the family in the context of a marriage or civil partnership and this remains the case where the deceased died before 1 October 2014. This disenfranchised a child who was treated as a child of the family in a non-marriage or non-civil partnership relationship. ITPA 2014, s 2 amended this section to include any family in which the deceased at

Related documents:

Popular documents