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LPC Law Notes Private Client Notes

Inheritance Act 1975 Notes

Updated Inheritance Act 1975 Notes

Private Client Notes

Private Client

Approximately 235 pages

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Inheritance Act 1975 Guidelines

  • S.3 1975 Act set out the guidelines

  • To be considered when court deciding:

  1. Has a reasonable provision already been made under the will / intestacy?

  2. If a provision should be made – what provision is appropriate?

COMMON GUIDELINES: S.3(1)

Future financial resources / needs
  • Can the applicant work? What is his earning capability?

  • Is unemployment voluntary or not?

  • Is loss of future income likely – e.g. retirement

  • Other beneficiaries?

  • Can applicant get financial support anywhere else

Obligations / responsibility of the deceased
  • What obligations existed IMMEDIATELY before death

Size of the estate
  • Small or large

  • Does the cost of the action exhaust a large part of the estate [estate usually pays for the claim]

  • Nature of estate: was it inherited from family or self made wealth?

  • Does the house take up most of the estate? Court will not want to turf a beneficiary out of their home

Any physical or mental disability
  • Of applicant OR other beneficiaries

  • Has there been a large payment of compensation

Other relevant matters
  • APPLY!

  • Quarrels / promises made before just before death / conduct of the applicant

SPECIAL GUIDELINES: S.3(2)

Spouse / civil partner
  • Age of applicant

  • Duration of marriage / cohabit period

  • Contribution to welfare of family [incl. looking after the home]

  • Entitlement on divorce [what would x have got on dissolution of marriage. But is this applicable – under inheritance claim one of the parties no longer has financial need

Spouse – could get life interest [so preserve the estate for the younger children]

Former spouse not remarried
  • Terms of the divorce

  • Age of marriage

  • Contribution to welfare of family / home

Child of deceased
  • Manner of education and training the applicant might expect – had they been in private or state education?

  • Able-bodied adults who are capable of earning own living – less likely to get a provision

Child of the...

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