This is a sample of our (approximately) 4 page long Inheritance Provision For Family And Dependents Act 1975 notes, which we sell as part of the Private Client Notes collection, a 80-90% package written at Multiple Institutions in 2015 that contains (approximately) 159 page of notes across 32 different document.
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Inheritance (Provision for family and dependents) Act 1975 1) Has the application been made within the time limit?
2) Do the courts of England and Wales have jurisdiction to hear the application
1) Within 6 months of the grant of representation - s.4 I(PFD) A 1975 - Inheritance (Provision for Family and Dependents) Act
To establish the date of grant of representation, make an application for a 'standing search' at the Probate Registry which searches the index of grants
2) The court does however have discretion to extend the time limit for making a claim - Re Salmon (Deceased) outlined guidelines:
To argue extension you have to have an 'arguable case fit for trial' - Re Dennis
a) Special reasons b) What are the circumstances around the delay c) Is the claimant a minor d) Has the claimant approached directly the beneficiary and tried to negotiate e) Has estate already been distributed f) Claim against others (e.g. negligent solicitor says 12 months)
1) For the courts to hear the application the deceased must have died domiciled in England and Wales through the three ways of ascertaining domicile:
Domicile of origin
Parents are married - At birth a child acquires its father's domicile irrespective of where the child is born
Parents are not married - At birth a child acquires its mother's domicile irrespective of where the child is born
Domicile of dependency
Where the domicile of child of the relevant parent changes, the domicile of the child will also change if the child is under the age of 16
Domicile of choice
To change domicile there must be an intention to sever all ties with the domicile of origin, intending never to return to that country
3) Who can make an application? S.1(1) I(PFD)A 1975 as amended
1) A wife, husband, or civil partner of the deceased - S.1(1)(a)
2) A former wife or husband of the deceased who has not remarried or formed a subsequent civil partnership
3) A person who; - S.1(1A)
During the whole of the period of two years ending immediately before the date when the deceased died;
Was living in the same household as the deceased; and
As the husband, wife or civil partner of the deceased
a) This could be a cohabitant who has lived in the same household for two years or more
b) This could be a cohabitant who has lived in the same household for two years or more but is not being maintained by the deceased. They would not qualify under s.1(1)(e) but may qualify here under s.1(1)(A)
4) A child of the deceased - S.1(1)(c)
5) Any person (not being a child of the deceased) who, in the case of any marriage or civil partnership to which the deceased was at any time a party, was treated as a child of the family in relation to that marriage or civil partnership - S.1(1)(d)
6) Any person (not being a person included in the foregoing paragraphs of the sub-section) who immediately before the death of the deceased was being maintained either wholly or partly by the deceased - S.1(1)(e)
This is likely to be a cohabitant who has lived in the same house hold for less than two years or more and therefore does not qualify under s.1(1A) but may qualify here under s.1(1)(e)
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