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I Pfd A Claims Notes

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This is an extract of our I Pfd A Claims document, which we sell as part of our Private Client Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Inheritance (Provision For Family and Dependants) Act 1975
Three-stage process:
Can the individual apply?
 Deceased must die domiciled in England and Wales
Domicile and
 Application must normally be made within six months of date of grant
Time Limits
 Court has discretion to allow late applications
 Spouse or civil partner

there must have been a subsisting marriage at the time of death

this will include a judicially separated spouse
 Former spouse/civil partner who has not remarried

former spouse/civil partner may be barred from applying by court order or the granting of the decree of divorce on nullity (ss.15 &
 A person who has cohabited with the deceased

for at least 2 years

Re Watson [1999]: can ignore short time apart - e.g. hospital stay
 Child of deceased

includes a child of a non-marital relationship, an adopted child, and a child en ventre sa mere

an adopted child is not able to make a claim as a child of the natural parent 1

a child of any age may apply, but historically, applications from
Applicants able-bodied adults capable of earning their own living have not been treated sympathetically by the courts, unless the adult remains in full-time education (reasonableness test)
 Person treated by the deceased as a child

treated as a child of the family in connection with a marriage/civil partnership to which the deceased was a party

person can be a child of the family even if they were already an adult when the deceased married (or entered into a civil partnership with) their parent
 Person who immediately before death of deceased was being wholly or partly maintained by deceased

s.1(3): "a person is to be treated as being maintained … if the deceased was making a substantial contribution in money or money's worth towards the reasonable needs of that person, other than a contribution made for full valuable consideration"
o Bishop v Plumley [1991] care & nursing for free accommodation is not valuable consideration
Does the deceased's will or intestacy make reasonable provision for the applicant?
 S.1(2)(a): such financial provision as it would be reasonable in all the
Spouse circumstances for a spouse to receive whether or not required for
Standard maintenance
 S.1(2)(b): such financial provision as it would be reasonable for the applicant to receive for this maintenance 2
Ordinary or
 Objective test - Re Coventry (dec'd) [1980]
 Re Dennis [1979]: 'maintenance' connotes only payments which,
Standard directly or indirectly, enable the applicant in the future to discharge the cost of daily living at whatever standard of living is appropriate to them

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