The Inheritance (Provision for Family & Dependants) Act 1975, or “1975 Act” offers individuals, associated with the deceased, the
opportunity to bring about a claim against the estate where they feel they have not been ‘reasonably’ provided for or, left out
entirely under the terms of any Will that the Deceased made or the provisions of the Rules of Intestacy, where there is no valid Will
and the law prescribes who is to receive a Deceased persons estate.
The Act does not generally allow for the consideration of ‘fairness’ in respect to a will but rather the financial needs of the
individual making the claim. The Court, therefore, is not obliged to consider the deceased’s reasons for excluding an individual or
make any moral judgments, but rather it considers the balance of the need of the individual making the claim against the
interests of the other applicants under the Act alongside the beneficiaries of the Estate (whether that is under the terms of a Will
or the Rules of Intestacy).
What are the pitfalls & benefits of the 1975 Act?
We start by examining the types of eligible claimants, how their claims are considered by the Court and the benefits and pitfalls
associated with them.
Eligible Claimants – Pitfalls and Benefits
1. Claimant was financially maintained by the Deceased:
this Claimant must show that they were receiving a substantial contribution in money/or mone worth such as
housing towards from the Deceased. Essentially the aim is to put right a wrong created by the Deceased where he fails
to provide for someone who relies on him for financial support.
Benefit: is that people…
Register today, to download the FULL factsheet for keeps.