The cohabitant The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) permits a claim by a person who has cohabited with the deceased and applies to both opposite sex and same sex partners of the deceased. In order to pursue a claim the applicant will have to establish: • that cohabitation had continued for the whole of the two years immediately before the death of the deceased • that they lived in the same household as the deceased • that they were living with the deceased as their husband or wife or civil partner The court will take into account the practicalities of relationships such as the need to be separated for short periods in, for example the course of employment, working away from the family home. Equally, a tour of duty in the armed forces would not be counted adversely. Thus the immediacy of living together before the death of the deceased is not always construed literally. Authorities indicate that the situation to be considered will be the general arrangements that subsisted

Claims for reasonable financial provision from an estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) appear to be on the rise. This increases the likelihood that personal representatives (PRs)—whether executors or administrators—may have to deal with such a claim as part of the administration of the estate. This can be stressful, as PRs can feel caught between the two warring sides, ie the claimant on the one hand and the beneficiaries under the Will or intestacy rules on the other hand. This Practice Note considers the role of PRs in relation to I(PFD)A 1975 claims. Although it is fairly well known that when faced with an I(PFD)A 1975 claim, PRs should ‘stay neutral’, this gives rise to practical questions such as: • how should PRs respond to requests for information by someone who is threatening to bring an I(PFD)A 1975 claim? • what should PRs do if they are being pressurised by beneficiaries who want distributions notwithstanding an I(PFD)A 1975 claim? • how do PRs

Spouse and civil partner Those persons eligible to bring a claim include: • the spouse or civil partner of the deceased • a former spouse or former civil partner of the deceased but not one who has formed a subsequent marriage or civil partnership The spouse or civil partner of the deceased is a category of claimant frequently encountered in practice. A spouse or civil partner may make a claim against the estate of their deceased spouse or civil partner under I(PFD)A 1975 on the grounds that the disposition of the deceased's estate effected by either the deceased’s Will or the law relating to intestacy, or a combination, does not make reasonable financial provision for them. For guidance on the standard of reasonable financial provision for a spouse or civil partner, see Practice Note: Family provision claims—reasonable financial provision. Marriage The claimant would have to prove that they were the spouse or civil partner of the deceased at the date of the deceased's death. The marriage must be recognised under English law. In

Orders made by the court under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should ideally be final. Indeed, not all orders of the court can be varied but it is possible, under the I(PFD)A 1975, to alter the effect of some orders to reflect, for instance, a change in circumstances, It is also possible to vary orders made in the course of divorce proceedings. There is no reported case of an application under I(PFD)A 1975 for a variation by any person other than the original applicant. Periodical payments Such orders, having been made under I(PFD)A 1975, s 2(1)(a) can be varied or discharged or have any part of them temporarily suspended or revived after suspension. Specific statutory authority is given to allow the court, within its power to vary, to make an order for periodical payments after the original order has expired due to the occurrence of a specified event or on expiration of a time limit. The applicant Those who can apply are set out in I(PFD)A 1975:

This document provides general guidance regarding some of the key issues in bringing a family provision claim (a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)). Your specialist Private Client practitioner will be able to provide tailored advice based on your personal circumstances. What is a family provision claim? Individuals have freedom to leave their estate to whoever they wish in England and Wales. This is unlike the position in many jurisdictions where forced heirship rules dictate to whom an individual’s estate (or a certain portion of their estate) will pass on their death. However, testamentary freedom in this jurisdiction is subject to statutory intervention. The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) enables certain categories of people, who were financially dependant on the deceased, to bring a claim against their estate for reasonable financial provision. These claims are known variously as family provision claims, Inheritance Act claims and 1975 Act claims. We understand that it can be daunting to bring a claim as you are grieving for your loved

This Practice Note details family public law (FPL) HM Courts and Tribunals Service (HMCTS) online service release notes for solicitors/legal professionals and local authorities. The release notes detail design and other changes made to the HMCTS online service via which public law children proceedings may be issued and managed. Recent release notes are set out below. For practical guidance on using the HMCTS online service, see Practice Note: Online public law children proceedings. For practical guidance on public children procedure, see Practice Note: Public law children procedure—Public Law Outline: overview and key principles. For guidance on adding a barrister so that they may access the case via MyHMCTS (where their own organisation is registered with MyHMCTS), see: The FPL service can be contacted at FamilyPublicLawServiceTeam@justice.gov.uk with any feedback relating to the online service. Solicitor/legal professionals release notes Recent FPL release notes directed to solicitors/legal professionals include: 2025 News Update to the Family Public Law (FPL) digital portal—submitting an application during existing proceedings LNB News 07/11/2025 43 Family Public Law (FPL)

In a statement to the House of Commons on 1 September 2025, the Home Secretary, Yvette Cooper MP, announced that Immigration Rules are to be published later this week which will temporarily suspend new applications under the Refugee Family Reunion route. Until a new framework is introduced, refugees seeking to bring family members to the UK will be subject to the same family migration rules and conditions as other applicants (ie Appendix FM of the Immigration Rules). She also confirmed a further 24-month extension of the Ukraine Permission Extension scheme.

This week's edition of Family weekly highlights includes analysis of the inherent jurisdiction and the statutory duties of local authorities, details of updates to the HMCTS Family Public Law service and a Court of Appeal decision on legal parentage. Details of the latest View from the President’s chambers are also set out.

This week's edition of Family weekly highlights includes analysis of Schedule 1 to the Children Act 1989 provision in ‘big money’ cases, the government’s response to private family law early resolution consultation and securing legal parenthood following a surrogacy arrangement. An update from HMCTS on the future of remote hearings is also set out, together with details of new regulations that amend the Child Support (Management of Payments and Arrears) Regulations 2009, including as to the payment of a fee on an application for statutory child maintenance.

This week’s edition of Family weekly highlights includes details of the Domestic Abuse Commissioner’s report on babies, children and young people’s experiences of domestic abuse and a speech by the President of the Family Division for the Katherine Gieve Memorial Lecture. The Court of Appeal’s clarification of the approach to the test for the appointment of intermediaries is analysed. Recent judgments, including the Supreme Court's decision on gender recognition and the Equality Act 2010, together with consideration of expert fees in public law children cases, are also set out. A new Practice Note containing links to flowcharts in Lexis+® UK covering a wide range of family law issues is also set out, together with a new template order approving instruction of an expert whose hours or rates exceed Legal Aid Agency limits in public children cases.

This week’s edition of the Family weekly highlights includes details of the Courts and Tribunals Judiciary’s recently issued Practice Note on changes to CE-File, the title of proceedings and the neutral citation of judgments in the Business and Property Division of the High Court, which launches on 1 October 2026. The Court of Appeal’s first consideration of child focused courts is set out with the lead judgment being given by Sir Stephen Cobb, President of the Family Division. Recent judgments on a challenge to a pre-nuptial agreement and an application to enforce an order for the return of a child to Romania are also considered. A new Practice Note and Procedural Guide on adjourning a hearing in financial remedy proceedings are set out. In addition, new Practice Notes on the Children’s Wellbeing and Schools Act 2026 for family practitioners and residential property considerations in proceedings for financial orders on divorce or dissolution have been added.

This week's edition of Family weekly highlights includes details of updated court fees and the launch of the express financial remedy procedure pilot scheme. Recent decisions on transparency in Family Law Act 1996 proceedings, Wells sharing in financial remedy proceedings and costs orders where intervenors are involved are detailed. A new Practice Note on the express financial remedy pilot scheme, together with an accompanying procedural guide are also set out.