The Inheritance (Provision for Family and Dependants) Act 1975 - A Guide for Family Lawyers

Introduction

The Inheritance (Provision for Family and Dependants) Act 1975 allows courts to vary the dispositions effected by the Will or intestacy of a person domiciled in England or Wales at the time of their death, enabling the court to make financial provision or increase financial provision to certain classes of claimant. In effect, it allows the court to rewrite a Will when the deceased has not made reasonable financial provision for someone who was dependent on them.

This virtual classroom seminar will examine the classes of claimant who can claim under the Act, how the court decides what is ‘reasonable financial provision’ (using examples from case law), and the procedure (including issues relating to limitation).

Family practitioners increasingly face clients who either want to make or are facing claims under this Act, yet it is one of those areas for which many feel unprepared. This live session will provide an introduction to this interesting area of law and so prepare you for advising and representing clients in this area.

What You Will Learn

This live and interactive course will cover the following:

• What the Act does and when you should use it
• Is the claimant within the class of possible claimants?
• The effect of intestacy under the Act
• What is ‘the estate’ against which claims can be made?
• The 2 stage test:
• Has the deceased made reasonable provision?
• If not, what financial provision ought the claimant to receive?
• Difficult cases
• Adult children
• Short marriages
• Small estates
• Claimants who have been maintained by the deceased
• Testator leaving an expression of wishes
• Procedure (including time limit)

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.