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Maintenance claims by estranged children under the Inheritance (Provision for Family and Dependants) Act 1975 (Re R (Deceased))

Maintenance claims by estranged children under the Inheritance (Provision for Family and Dependants) Act 1975 (Re R (Deceased))
Published on: 24 May 2021
Published by: LexisPSL
  • Maintenance claims by estranged children under the Inheritance (Provision for Family and Dependants) Act 1975 (Re R (Deceased))
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Private Client analysis: Considering a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) for reasonable financial provision for maintenance, the court held that despite a near-total breakdown in contact between a father and his sons, the father still bore a continuing responsibility for their maintenance. The court could back-date its award of maintenance to the date of death or such later appropriate date (here the date of issue of the claim). This was despite the deceased’s express statement that no provision would be made for the sons, and his ex-wife having in effect assumed responsibility for their maintenance. The case reinforces that attempts to entirely disinherit a testator’s children, who are minors or have just reached majority, are unlikely to succeed, and makes clear that there is a distinction between cases involving the deceased’s children and others who were treated as children of the family. Written by Andrew Shipley, barrister at 9 Stone Buildings. or take a trial to read the full analysis.

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