Inheritance Provision for Family And Dependants Act 1975

 

It can be distressing to discover you have been left out of a loved ones will.

The Inheritance Provision for Family and Dependants Act 1975 (IPFDA) enables a person who can show they should reasonably have been provided for or were financially dependent on a deceased person to make a claim against their estate if they have not been adequately provided for in the will.

If you believe you can make a claim under the IPFDA, our private client litigation team will provide sound, solid legal advice and ensure your claim has the best chance of success

Eligibility for Making a Claim Under Inheritance Provision for Family And Dependants Act 1975

To make a claim under the Inheritance Provision for Family And Dependants Act 1975 you need fall under one of the following categories:

  • A current spouse or civil partner of the deceased;
  • A former spouse or civil partner of the deceased who has not remarried and who has not received a final financial settlement following the breakdown of the marriage or civil partnership;
  • Any person who, during the whole two-year period immediately before the date of death, was living in the same household as the deceased in the manner of a spouse or civil partner;
  • Any child of the deceased including illegitimate, legitimated and adopted children of any age;
  • Any person treated by the deceased as a child of the marriage or civil partnership;
  • Any person not included above who was maintained wholly or partly by the deceased immediately before his death otherwise than for a valuable consideration. The requirement of ‘no consideration’ excludes paid domestic staff from having a claim under the Act.

Factors Taken into Account When Assessing Claims Under the Inheritance Provision for Family And Dependants Act 1975

When assessing a claim under the Inheritance Provision for Family And Dependants Act 1975 the court will take into account factors such as:

  • The financial situation of the applicant
  • The size and nature of the estate
  • The deceased obligations and responsibilities to the beneficiary and the applicant
  • The financial situation of any beneficiaries under the will
  • Any physical and/or mental disability of the applicant or beneficiary
  • Any other relevant consideration, including the conduct of the applicant

To find out how we can help you make a claim under the Inheritance Provision for Family And Dependants Act 1975, email us at info@judge-priestley.co.uk or phone Nasima Ansary on 020 8658 3922.