Inheritance (Provision for Family and Dependants) Act 1975

摘要

This Act allows certain categories of people to apply to the court for reasonable financial provision from a deceased person's estate, whether the deceased died with or without a will. It tempers the principle of testamentary freedom by enabling the court to make orders where the will or intestacy rules do not make reasonable provision.

要点

• Eligible applicants include: spouse/civil partner, former spouse, child of the deceased, any person treated as a child of the family, and any person maintained by the deceased (s.1)
• Applications must be brought within 6 months of the grant of probate or letters of administration (s.4)
• For a surviving spouse, the standard is 'such financial provision as it would be reasonable for a husband or wife to receive'; for all others, 'such financial provision as it would be reasonable for the applicant to receive for maintenance' (s.1(2))
• The court considers factors including the applicant's financial needs, the size of the estate, any disabilities, the deceased's obligations, and any other relevant matter (s.3)
• The court may order periodical payments, lump sums, transfer of property, or settlement of property (s.2)

章节

修正历史