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Inheritance Act 1975 Notes

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Inheritance Act 1975 Revision

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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 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
 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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