Inheritance (Provision for Family and Dependants) Act 1975

Summary

Allows certain categories of people to apply to the court for reasonable financial provision from a deceased person's estate where the will or intestacy rules do not make reasonable provision for them. Applicants include spouses, former spouses, children, cohabitants, and dependants. The court considers factors including the applicant's needs, the size of the estate, and the deceased's obligations.

Key Points

• Allows claims against estates where provision is unreasonable
• Surviving spouses: standard of reasonable provision
• Other applicants: maintenance standard only
• Must apply within 6 months of grant of representation
• Court can order lump sums, periodic payments, or property transfers
• Eligible applicants include: spouse/civil partner, former spouse, child of the deceased, any person treated as a child of the family, and any person maintained by the deceased (s.1)
• Applications must be brought within 6 months of the grant of probate or letters of administration (s.4)
• For a surviving spouse, the standard is 'such financial provision as it would be reasonable for a husband or wife to receive'; for all others, 'such financial provision as it would be reasonable for the applicant to receive for maintenance' (s.1(2))
• The court considers factors including the applicant's financial needs, the size of the estate, any disabilities, the deceased's obligations, and any other relevant matter (s.3)
• The court may order periodical payments, lump sums, transfer of property, or settlement of property (s.2)
• Spouses entitled to reasonable provision (not limited to maintenance)
• Other applicants entitled only to maintenance standard
• Application within 6 months of grant of probate
• Court considers all circumstances including deceased's reasons

Parts & Sections

Amendments History

Frequently asked questions

Who is allowed to apply for financial provision from a deceased person's estate?

Under the Act, eligible applicants include the surviving spouse or civil partner, a former spouse, a child of the deceased, a person treated as a child of the family, a cohabitant, and any person who was being maintained by the deceased. Cohabitants were added as eligible applicants by the Law Reform (Succession) Act 1995.

How long do I have to make a claim against a deceased person's estate?

Applications must be brought within six months of the grant of probate or letters of administration. This time limit applies to all eligible applicants seeking financial provision from the estate under the Act.

Is the financial provision standard the same for spouses and other applicants?

For a surviving spouse or civil partner, the court assesses what is reasonable for them to receive, which is not limited to maintenance. For all other applicants, such as children or cohabitants, the standard is strictly limited to what is reasonable for their maintenance.

What types of financial orders can the court make?

The court may order periodical payments, lump sums, the transfer of property, or the settlement of property. The specific order depends on the circumstances of the case and the factors considered by the court.

What factors does the court consider when deciding a claim?

The court considers the applicant's financial resources and needs, the size of the estate, any disabilities, the deceased's obligations and responsibilities, and any other relevant matter. It also takes into account the deceased's reasons for making or not making provision.

How have recent laws changed who can apply for provision?

The Law Reform (Succession) Act 1995 added cohabitants as eligible applicants. The Inheritance and Trustees' Powers Act 2014 broadened the definition of 'child of the deceased' and updated maintenance provisions to reflect modern family structures.