Claims under the Inheritance (Provision for Family and Dependants) Act 1975 - Grounds for claims

Learning Outcomes

After reading this article, you will be able to identify who can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, explain the legal standards for reasonable financial provision, and outline the main statutory factors the court considers when deciding whether to make an order. You will also be able to apply these principles to SQE1-style scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the grounds for claims under the Inheritance (Provision for Family and Dependants) Act 1975. Focus your revision on:

  • the categories of people eligible to apply for provision from an estate under the Act
  • the legal standards for "reasonable financial provision" for different types of applicants
  • the statutory factors the court must consider when deciding whether to make an order
  • how the court balances testamentary freedom with the needs of dependants and family members.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Who is eligible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975?
  2. What is the difference in the legal standard for reasonable financial provision between a spouse and an adult child applicant?
  3. List three statutory factors the court must consider when deciding whether to make an order under the Act.
  4. Can a cohabitant who was financially dependent on the deceased bring a claim under the Act?

Introduction

The Inheritance (Provision for Family and Dependants) Act 1975 ("the Act") allows certain people to apply to the court for financial provision from a deceased person's estate if the will or intestacy rules do not make reasonable provision for them. This article explains who can apply, the legal standards for provision, and the main factors the court considers when deciding whether to make an order.

Who Can Apply for Provision?

The Act sets out specific categories of people who may apply for financial provision from an estate. Only those falling within these categories have standing to bring a claim.

Key Term: eligible applicant A person who falls within one of the categories in s 1(1) of the Act and may apply for provision from the estate.

The main categories are:

  • the surviving spouse or civil partner of the deceased
  • a former spouse or civil partner who has not remarried or entered a new civil partnership (unless barred by court order)
  • a person who, for at least two years before death, lived with the deceased as spouse or civil partner in the same household
  • a child of the deceased (including adopted children)
  • a person treated by the deceased as a child of the family (such as a stepchild)
  • any person who was being maintained, wholly or partly, by the deceased immediately before death.

Key Term: maintenance Financial support provided by the deceased to another person, not in return for full valuable consideration.

Worked Example 1.1

Scenario:
Sam lived with Alex for ten years as if married, but they never formalised their relationship. Alex died, leaving everything to his brother. Sam was financially supported by Alex.

Question: Can Sam bring a claim under the Act?
Answer: Yes. Sam may apply as a cohabitant if they lived together as spouses for at least two years before death, or as a dependant if Alex was maintaining Sam immediately before death.

What Are the Grounds for a Claim?

A claim can be brought if the will or intestacy rules do not make "reasonable financial provision" for the applicant. The court must decide whether the applicant has received reasonable provision, and if not, what order (if any) should be made.

Key Term: reasonable financial provision
The amount of financial support the court considers reasonable for the applicant to receive from the estate, according to the Act.

The standard of provision depends on the applicant's relationship to the deceased:

  • For spouses and civil partners: such provision as it would be reasonable for a spouse/civil partner to receive, whether or not required for their maintenance.
  • For all other applicants: such provision as it would be reasonable for their maintenance.

Key Term: spousal standard
The broader standard for spouses/civil partners, allowing the court to consider what would be fair on divorce, not limited to maintenance.

Key Term: maintenance standard
The narrower standard for other applicants, limited to what is reasonable for their maintenance.

Worked Example 1.2

Scenario:
Maria was married to the deceased for 30 years. The deceased left his entire estate to charity, leaving Maria nothing.

Question: What standard will the court apply to Maria's claim?
Answer: The court will apply the spousal standard, considering what would be reasonable for a spouse to receive, which may include a share of capital, not just maintenance.

What Does the Court Consider?

Section 3 of the Act lists factors the court must consider when deciding whether reasonable provision has been made and, if not, what order to make. These include:

  • the applicant's financial resources and needs (now and in the foreseeable future)
  • the financial resources and needs of any other applicant or beneficiary
  • any obligations and responsibilities the deceased had towards the applicant or any beneficiary
  • the size and nature of the estate
  • any physical or mental disability of the applicant or any beneficiary
  • any other relevant matter, including the conduct of any person.

The court must balance the needs of all applicants and beneficiaries, the obligations of the deceased, and the available assets.

Worked Example 1.3

Scenario:
The deceased leaves his entire estate to his adult son, excluding his wife of 20 years. The wife has no income and limited assets. The son is financially independent.

Question:
How is the court likely to approach the wife's claim?
Answer: The court will consider the wife's financial needs, the son's resources, the deceased's obligations to both, and the size of the estate. The wife is likely to receive provision reflecting her needs and the length of the marriage, possibly similar to a divorce settlement.

How Does the Court Decide What to Award?

If the court finds that reasonable provision has not been made, it has wide powers to make orders, including:

  • payment of a lump sum or regular payments
  • transfer of property
  • settlement of property on trust
  • variation of existing settlements.

The court will tailor the order to the applicant's needs and the circumstances of the case.

Exam Warning

The standard of provision for spouses/civil partners is broader than for other applicants. Do not confuse the two in SQE1 questions.

Revision Tip

When answering SQE1 questions, always identify the applicant's category and apply the correct legal standard for reasonable provision.

Key Point Checklist

This article has covered the following key knowledge points:

  • Only certain categories of people can apply for provision under the Act.
  • The standard of reasonable financial provision is broader for spouses/civil partners than for other applicants.
  • The court must consider the applicant's needs, the needs of others, the deceased's obligations, and the size of the estate.
  • The court has wide discretion in making orders, including lump sums, maintenance, or transfer of property.

Key Terms and Concepts

  • eligible applicant
  • maintenance
  • reasonable financial provision
  • spousal standard
  • maintenance standard
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