Applicants to claim under Inheritance (Part 2) (Claims against estates under the Inheritance (Provision for Family and Dependants) Act 1975)- FS Flashcards
(11 cards)
What are the fifth and sixth categories of persons eligible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975?
- Any person wholly or partly maintained by the deceased
- Any person living in a relationship akin to marriage with the deceased for at least 2 years before their death
Maintenance (s.1(3) Inheritance Act 1975)?
A person is considered “maintained” if the deceased made a substantial financial contribution to their reasonable needs, otherwise than for full valuable consideration and not under a commercial arrangement.
What is required for a cohabitant to bring a claim under the Inheritance Act 1975?
- Must have lived in the same household as the deceased
- Must have lived as if married or in a civil partnership
- Must have done so for the entire 2 years immediately before death
Can a person who was only maintained in part by the deceased bring a claim?
Yes. Partial maintenance is sufficient, provided the contribution was substantial and for the person’s reasonable needs.
“Relationship akin to marriage”
A relationship where the claimant and deceased lived together as a couple, as if married or in a civil partnership, including sharing a household and public recognition of the relationship.
What is the significance of the two-year rule for cohabiting partners?
The claimant must have lived with the deceased in a relationship akin to marriage for a continuous two-year period before the death. Less than two years = not eligible under this category.
In the case of a cohabitant claiming under the Act, is it necessary to show legal marriage or civil partnership?
No. Legal status is not required — only evidence of cohabitation in a relationship akin to marriage for two full years.
Why would Chris in the example question be unable to bring a family provision claim?
Because he only lived with Bethan for one year, and the Act requires cohabitation in a relationship akin to marriage for two full years immediately before the deceased’s death.
Who Can Claim under the Inheritance Act 1975? (All Six Categories)
- Spouse or civil partner of the deceased
- Former spouse/civil partner who hasn’t remarried
- Any child of the deceased (including adopted children)
- Any person treated as a child of the family (e.g. stepchildren)
- Any person maintained (wholly or partly) by the deceased
- Any person living with the deceased in a relationship akin to marriage/civil partnership for 2 full years before death
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Can a non-family member (e.g. refugee or lodger) bring a claim under the Act?
Yes — if they were wholly or substantially maintained by the deceased (e.g. free accommodation, food, clothing), and the arrangement was not commercial, they may claim under s.1(3).
Would someone cohabiting with the deceased for 4 years be eligible to claim under the Act?
Yes — if they lived together in a relationship akin to marriage in the same household for the entire two years before death, they qualify as a statutory claimant.
