Applicants to claim under Inheritance (Part 1) (Claims against estates under the Inheritance (Provision for Family and Dependants) Act 1975)- FS Flashcards
(8 cards)
Inheritance (Provision for Family and Dependants) Act 1975
A statute allowing certain categories of people to claim reasonable financial provision from a deceased person’s estate, where the will or intestacy fails to make adequate provision.
What is the limitation period for bringing a claim under the 1975 Act?
A claim must be issued within 6 months from the date of the grant of representation (probate or letters of administration).
Who Can Bring a Claim Under the 1975 Act? (First Four Categories)
- Spouse or civil partner of the deceased
- Former spouse or civil partner who has not remarried
- Any child of the deceased (including adopted children)
- Any person treated as a child of the family (e.g. stepchildren)
Can an adopted child bring a claim under the 1975 Act?
Yes. Adopted children are legally treated as children of the deceased and are eligible to claim.
Can a former spouse of the deceased make a claim under the 1975 Act?
Yes, but only if they have not remarried and usually only if no final financial settlement was reached during the divorce.
“Treated as a Child of the Family”?
A category covering individuals not legally the deceased’s children, but who were treated as such (e.g. stepchildren raised as family), based on evidence of parental relationship.
In a family provision claim, what is the relevance of a moral obligation by the deceased?
While not decisive, evidence of a moral expectation or promise (e.g. gifts, assurances) can support a claim under the 1975 Act, especially when combined with financial need.
In the case of an adopted child omitted from a will, will the court permit a claim under the 1975 Act?
Yes. The court treats adopted children as full children of the deceased, with the same right to apply for reasonable financial provision.
