Claims under the Inheritance (Provision for Family and Dependants) Act 1975 - Eligible applicants

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Overview

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to seek financial support from a deceased person's estate when they have not been adequately provided for. For those preparing for the SQE1 FLK2 exam, it is vital to understand the categories of eligible applicants and how courts assess these claims. This article examines the Act's details, recent court rulings, and the factors that influence inheritance disputes.

Eligible Applicants: Categories and Criteria

The Act specifies who can file for financial provision, with each group subject to particular guidelines:

1. Spouses and Civil Partners

Those married to or in a civil partnership with the deceased at the time of death are eligible to apply, enjoying strong legal footing under the Act, as seen in Inheritance (Provision for Family and Dependants) Act 1975 v Ilott [2017] UKSC 17.

2. Former Spouses and Civil Partners

Former spouses or civil partners can apply if they have not remarried or entered into another partnership. Courts consider any financial obligations the deceased had toward them, as in Lilleyman v Lilleyman [2012] EWHC 821 (Ch).

3. Cohabitees

Those who lived with the deceased for at least two years may qualify. Their relationship must resemble a marriage or civil partnership, such as in Churchill v Roach [2002] EWHC 3230 (Ch).

4. Children

This includes biological, adopted, and stepchildren of any age. Adult children often encounter more careful examination, as highlighted in Ilott v The Blue Cross [2017] UKSC 17.

5. Dependants

Anyone financially supported by the deceased might qualify. This broad category can include extended family, friends, or others, exemplified in Rees v Newbery [1998] 1 FLR 1041.

Key Concepts: Financial Dependency and Reasonable Provision

Financial Dependency

Applicants must show they relied on the deceased for substantial support, supported by historical financial evidence.

Reasonable Provision

Courts determine what is fair and adequate for an applicant's needs based on their unique circumstances and dependencies.

Judicial Considerations and Recent Case Law

Courts consider various factors when evaluating claims under the Act:

1. Financial Resources and Needs

Courts consider both current and future needs. In Ilott v The Blue Cross [2017] UKSC 17, the term "maintenance" was clarified as support for everyday expenses.

2. Obligations and Responsibilities of the Deceased

The deceased's societal obligations are weighed, as established in Re Coventry [1980] Ch 461.

3. Size and Nature of the Estate

The estate's value and composition are considered, influencing decisions, as in Nahajec v Fowle [2017] EW Misc 11 (CC).

4. Disabilities of the Applicant

Applicant disabilities can impact financial need assessments, as seen in Re B (Deceased) [2000] Ch 662.

5. Conduct of the Applicant and Others

The conduct of all parties is reviewed, as in Ilott v Mitson [2015] EWCA Civ 797.

6. Moral Duty and Matrimonial Home

Courts often consider moral obligations and any implications related to the matrimonial home.

Complex Scenarios and Practical Applications

Scenario 1: Competing Claims in Blended Families

In cases with a second spouse and children from different marriages, courts balance competing claims, as illustrated in Re Hancock [1998] 2 FLR 346.

Scenario 2: Adult Child with Fluctuating Financial Needs

An adult child facing financial difficulties might claim, as in Espinosa v Bourke [1999] 1 FLR 747, where past support and current needs are examined.

Scenario 3: Cohabitee vs. Estranged Spouse

A cohabitee and estranged spouse both claiming can be complex, as shown in Churchill v Roach [2002] EWHC 3230 (Ch).

Conclusion

The Inheritance (Provision for Family and Dependants) Act 1975 involves legal considerations for SQE1 FLK2 candidates. Key aspects include:

  1. Defined categories of eligible applicants with specific criteria.
  2. Multiple factors considered by courts, such as financial needs and estate size.
  3. Influential case law like Ilott v The Blue Cross [2017] UKSC 17 guides interpretation.
  4. Complex situations require careful analysis of all relevant factors.
  5. The principles of financial dependency and reasonable provision are central to the Act.