Who can apply for an order under the Inheritance (Provision for Family and Dependants) Act 1975?

4 May, 2016

The Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”) allows a Will (or the intestacy rules) to be disputed on the basis that it fails to adequately provide for certain categories of people. The principle behind the 1975 Act is that certain duties and responsibilities are owed that should be honoured even after death. Provided that the deceased was domiciled in England and Wales at the time of their death, the following people can contest a Will or the intestacy rules under the 1975 Act:

  • the spouse or civil partner of the deceased;
  • any person who, during the whole two year period immediately before the date of death, was living in the same household as the deceased as a spouse or civil partner; 
  • a former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;
  • a child of the deceased; 
  • any person (not being a child of the deceased) who, in the case of any marriage or civil partnership to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage or civil partnership;
  • any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.

If you would like to discuss making a claim under the 1975 Act, please contact Philip Youdan at philip.youdan@crippspg.co.uk. We can also discuss the possible options for funding your claim and will, in appropriate cases, be able to offer a “no win, no fee” arrangement or a fixed fee.