Q&As

Where there is more than one residuary beneficiary of an estate, if a claim is made against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, can one of the beneficiaries settle the claim made against their share of the estate and another beneficiary defend the claim against their share?

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Published on LexisPSL on 08/04/2021

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

  • Where there is more than one residuary beneficiary of an estate, if a claim is made against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, can one of the beneficiaries settle the claim made against their share of the estate and another beneficiary defend the claim against their share?
  • The Inheritance (Provision for Family and Dependants) Act 1975
  • Defendants to a claim under I(PFD)A 1975
  • Settlement by one beneficiary

The Inheritance (Provision for Family and Dependants) Act 1975

Section 1(1), (1A) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) list the persons who can make an application against the estate of the deceased. These are the spouse or civil partner of the deceased, a former spouse or civil partner, a cohabitee, a child or person treated as a child of the family by the deceased and a person maintained wholly or partly by the deceased. The application is made on the basis that the disposition of the deceased’s estate effected by their Will and/or the intestacy rules have failed to make reasonable financial provision for the applicant as defined in I(PFD)A 1975, s 1(2). In exercising its discretion the court will have regard to all relevant circumstances, including the financial

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