Inheritance (Provision for Family and Dependants) Act 1975

สรุป

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.

ประเด็นสำคัญ

• 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

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