Introduction to IPFDA 1975 Flashcards
What act allows claims if a testator unreasonably leaves nothing?
Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA).
Eligibility requirements under IPFDA 1975? (3)
1) Within jurisdiction (domicile)
2) Within time limit
3) Within eligible applicant categories.
Where must the testator have been domiciled for IPFDA claims?
In England and Wales.
What are the types of domicile?
Domicile of origin, domicile of dependency, domicile of choice.
How is domicile of origin determined? (Married / Unmarried parents?)
At birth—father’s domicile if parents married; mother’s if unmarried.
What is domicile of dependency?
Same as parents’ domicile if under age 16.
Definition of domicile of choice?
Severing ties with parents’ domicile by emigrating with intention of never returning.
Eligible applicants under IPFDA 1975?
1) Spouse,
2) Former spouse (not remarried)
3) Cohabitant over 2 years
4) Child
5) Person treated as child
6) Anyone financially maintained.
What constitutes ‘maintenance’ under IPFDA?
Financial maintenance only, not emotional support.
Are contributions in return for consideration counted as maintenance?
No, contributions in return for consideration do not count.
Time limit to apply under IPFDA?
Six months from date of grant of representation.
How can time limit for IPFDA application be extended?
Applicant must apply to Court.
Court considerations in extending IPFDA time limit?
Reasons for delay, negotiations, estate distribution before claim, no other recourse for applicant, case merit.
Choice of court for IPFDA application?
High Court or County Court.
Which High Court division handles IPFDA cases?
Family Division (spouses/cohabitees), Chancery Division (other cases).
What property does IPFDA cover?
Property in net estate, excluding joint tenancy property.
Grounds for IPFDA claims?
Will or intestacy rules fail to make reasonable financial provision for applicant.
Remedies under IPFDA?
Periodical payments, lump sum, property transfer, settlement, property acquisition for transfer, variation of marriage/civil partnership settlements, variation of trusts.
Effect of an IPFDA 1975 order?
Deemed effective from deceased’s death (‘read back’).
