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Inheritance Act 1975 Notes

LPC Law Notes > Private Client Notes

This is an extract of our Inheritance Act 1975 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.

The following is a more accessble plain text extract of the PDF sample above, taken from our Private Client Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Elective: Private Client

Inheritance Act 1975 Guidelines?

S.3 1975 Act set out the guidelines To be considered when court deciding: a) Has a reasonable provision already been made under the will / intestacy?
b) If a provision should be made - what provision is appropriate?

COMMON GUIDELINES: S.3(1) Future financial
? Can the applicant work? What is his earning resources / needs 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 deceasedWhat 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
? Age of applicant partner
? Duration of marriage / cohabit period
? Contribution to welfare of family [incl. looking after the home]
? Entitlement on divorce [what would x have got on

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