Inheritance (Provision for Family and Dependants) Act 1975

Summary of effect

This Act lets certain people who were being supported by the deceased — or who ought to have been — ask the court to re-write a Will, or the intestacy rules, so that they receive “reasonable financial provision”.

Even a perfectly valid Will, or intestacy, can be overridden. Executors should not distribute the estate until the six-month window — or any claim actually issued — has expired, or they may be personally liable.

Who can apply (section 1)

A spouse or civil partner.
A former spouse or former civil partner, if still entitled under a court order.
A cohabitant who lived with the deceased for at least two years immediately before death.
A child of the deceased, including adult children.
A person treated as a child of the family — for example, a step-child.
Any other person who was being maintained, wholly or partly, by the deceased immediately before death.

What “reasonable” means

Spouse / civil partner	What is appropriate in all the circumstances — whether or not it is required for maintenance.
Everyone else	What is required for their maintenance — housing, income, care costs, and so on.

Time limit: an application must be issued within six months of the grant of probate or letters of administration. The court can extend this only in exceptional circumstances.

The court’s powers (section 2)

The court can order any of the following to be paid out of the net estate:

A lump sum, or lump sums.
Periodical payments.
Transfer or settlement of property.
Creation of a life interest.
Acquisition of property, and other orders.

Factors the court weighs (section 3)

The financial needs and resources of the applicant(s) and the beneficiaries.
The obligations the deceased had.
The size and nature of the estate.
Any physical or mental disability of anyone concerned.
Any other conduct or circumstances — for example, estrangement, or gifts made during the deceased’s lifetime.

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