Family Inheritance Claims Flashcards
(15 cards)
What are the 3 conditions to succeed in an inheritance claim?
Apply within 6mo
Person died was domiciled in England/Wales and survived by 1/6 categories of applicant
Convince court that will/intestacy failed to give reasonable financial provision for the applicant
When is the earliest an applicant can apply?
Before grant is issued
What happens if you miss 6mo deadline
Leave of court in exceptional circumstances
Executors won’t be personally liable
Why should executors wait 6mo before they start distributing?
To ensure no claims come out of the woodwork without incurring personal liability
What 6 categories of applicant can apply?
Spouse/civil
Former spouse/civil not remarried
Child
Person treated as a child, even adults
Any person who had been being maintained
Any person living with deceased in the 2y immediately before death even if not maintained
Could a partner who had been co-habiting and only recently moved out make a claim?
If there was evidence that their was no settled acceptance that their relationship was over
What 2 standards are there to determine whether financial provision was reasonable?
Spouse standard – as is reasonable in all circumstances
Ordinary standard – is reasonable in all circumstances for the applicant to receive maintenance
What are the general guidelines for determining what is reasonable for all applicants?
Financial resources/needs of applicant and other beneficiaries in balance
Moral obligations owed by deceased
Physical/mental disability
Nature/size of estate
All other
What additional guidelines apply to spouses?
Age/duration of marriage
Contribution to welfare of deceased
Provision might reasonably have expected had marriage ended in divorce
Why will former spouses be less likely to make a successful claim?
Because matrimonial court will have dealt with it
What are the guidelines regarding adult children?
Reluctant to award financial provision for able-bodied young ‘man’ in employment
Will consider manner which applicant was being or expected to be educated/trained
What special considerations are there when applicant was treated as a child of the family?
Extent of responsibility for maintenance
If deceased knew applicant wasn’t own child
Whether another person is also responsible for that childs wellbeing (e.g., real father court order monthly payments)
Special considerations when applicant was maintained by the deceased?
Extent to which and length of which was maintained
Special considerations when applicant is a cohabitee?
Must prove their maintenance is reasonably required
Age/length of living together
Contribution to the welfare of the deceased
Can the court make an order to pay out of the succession estate eg joint tenancy?
Yes
