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
Can the individual apply?
Deceased must die domiciled in England and Wales
Application must normally be made within six months of date of grant
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 : 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  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
S.1(2)(b): such financial provision as it would be reasonable for the applicant to receive for this maintenance 2
Objective test - Re Coventry (dec'd) 
Re Dennis : '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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