Claims for provision from the estate – Inheritance (Provision for Family and Dependents) Act 1975

If someone has been left out of a will, or has not received as much as they feel they need from an estate, either by a will or under the rules of intestacy, they may be able to bring a claim against the estate for financial provision pursuant to the Inheritance (Provision for Family and Dependants Act) 1975.

For a person to bring a claim they must fall into one of the following categories:

• A spouse or civil partner of the deceased
• A former spouse or civil partner who has not remarried
• A child of the deceased (adult or minor) including illegitimate, legally adopted children or a person who has been treated by the deceased as a child of the family
• A partner of the deceased who lived with them as husband or wife for a period of two years before the date of death
• A person who was financially maintained by the deceased

A claim should be brought against the estate within six months of the date of issue of the Grant of Probate or Grant of Letters of Administration.

The Court will consider several criteria when deciding whether to make an order for financial provision from the estate. These include:

1. a)  the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;

(b)  the financial resources and financial needs which any other applicant has or is likely to have in the foreseeable future;

(c)  the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;

(d)  any obligations and responsibilities which the deceased had towards any applicant or towards any beneficiary of the estate of the deceased;

(e)  the size and nature of the net estate of the deceased;

(f)  any physical or mental disability of any applicant or any beneficiary of the estate of the deceased;

(g)  any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant.