Inheritance Act Disputes
Under the Inheritance (Provision for Families and Dependents) Act 1975 (“the IPFDA”), it is possible to contest a Will, or the distribution of an estate under intestacy rules, on the basis that it has failed to make sufficient provision for a family member or dependant of the deceased. If, for example, the deceased left their estate to their children, to the exclusion of their spouse, there may be good grounds for a claim. Each case is individual, however, and must be assessed on its own merits.
A claim brought under the IPFDA must be either resolved or issued in Court within 6 months of the date of the Grant of Probate (where there is a Will) or Letters of Administration (where the estate passes by intestacy). This provides a very short timeframe to work to and therefore it is important to act quickly. It is possible to delay the Grant of Probate / Letters of Administration by applying to the Probate Registry for a caveat.
The rules as to who may make such a claim are governed by s1 IPFDA 1975.
They include:-
- A spouse or civil partner;
- A former spouse or civil partner (whom has not remarried / entered a subsequent civil partnership);
- A child of the deceased;
- A person who was treated as a child of the deceased’s family;
- Any person who was maintained by the deceased immediately prior to their death.
The purpose of a claim made under IPFDA 1975 is to recover reasonable financial provision for the person making the claim. Consideration will be given to the specific circumstances of the deceased, the person making the claim, the remaining beneficiaries and any other matter that the Court sees fit.
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