Posted: Friday, 4 January 2019 @ 13:43
There has been a lot of talk including on this blog and the viability of overturning a will and making a claim under the holy grail of the Inheritance (Provision for Family and Dependants) Act 1975.
When making a claim under the 1975 Act, applications for reasonable financial provision means “such financial provision as it would be reasonable in all the circumstances of the case, whether or not that provision is required for his or her maintenance.”
The Court will apply an objective test as to whether the provision made by the deceased party was reasonable.
Irrespective of the law, it is important to know that disputes are fact sensitive.
My experience is that every claim under the 1975 Act, including those by surviving spouses, will be decided on the circumstances of the case in question.
In particular, the starting point will be the factors set out at Section 3 of the 1975 Act, with particular focus on the financial needs and resources of the applicant and the other relevant beneficiaries, balanced against the size and nature of the estate.