Q&As

Where the claimant in an Inheritance (Provision for Family and Dependants) Act 1975 claim is a minor who is wholly supported by the surviving parent, is the surviving parent required to disclose full details of their financial position as part of demonstrating the minor child's need for financial provision?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 29/03/2019

The following Wills & Probate Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • Where the claimant in an Inheritance (Provision for Family and Dependants) Act 1975 claim is a minor who is wholly supported by the surviving parent, is the surviving parent required to disclose full details of their financial position as part of demonstrating the minor child's need for financial provision?

Practice Notes: Family provision claims—children and those treated as children and Family provision claims—matters of regard for each applicant provide an overview in respect of claims made by a child of the deceased.

Under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), children of the deceased are persons who may make a claim for reasonable financial provision from the deceased’s estate.

I(PFD)A 1975, s 3(1)(a) provides that when making an order under I(PFD)A 1975, s 2, the court must consider ‘the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future’.

I(PFD)A 1975, s 3(3) provides:

‘(3) Without prejudice to the generality of paragraph (g) of subsection (1) above, where an application for an order under section 2 of this Act

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