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Questions and Answers
Under the Inheritance Act 1975, who is eligible to claim financial provision from a deceased person's estate?
What is the main purpose of the Inheritance Act 1975?
What is the time limit for making an application under the Inheritance Act 1975?
What is one of the factors that the court considers when making a decision under the Inheritance Act 1975?
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What is the purpose of section 3 of the Inheritance Act 1975?
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What is not a requirement for making a claim under the Inheritance Act 1975?
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Study Notes
Inheritance Act 1975
Overview
- The Inheritance Act 1975 is a UK law that allows spouses or civil partners to claim financial provision from a deceased person's estate if they are not adequately provided for under the will or under the rules of intestacy.
Key Provisions
- The Act allows the court to vary the distribution of the estate to ensure that the spouse or civil partner receives a "reasonable financial provision" (section 1(2)).
- The court considers the applicant's financial resources and needs, as well as the resources and needs of other beneficiaries (section 3).
Eligible Applicants
- Spouses or civil partners of the deceased person (section 1(1)).
- Former spouses or civil partners who have not remarried or entered into a new civil partnership (section 1(1A)).
- Cohabitants who were living with the deceased person as if they were spouses or civil partners (section 1(1B)).
Time Limit for Claims
- Applications must be made within six months of the grant of representation (section 4).
Factors Considered by the Court
- The applicant's financial resources and needs (section 3(1)(a)).
- The financial resources and needs of other beneficiaries (section 3(1)(b)).
- The obligations and responsibilities of the deceased person towards the applicant (section 3(1)(c)).
- The size and nature of the estate (section 3(1)(d)).
- Any other matter, including conduct, which the court considers relevant (section 3(1)(e)).
Inheritance Act 1975
Overview
- The Inheritance Act 1975 allows spouses or civil partners to claim financial provision from a deceased person's estate if they are not adequately provided for under the will or under the rules of intestacy.
Key Provisions
- The court can vary the distribution of the estate to ensure the spouse or civil partner receives a "reasonable financial provision".
- The court considers the applicant's financial resources and needs, as well as the resources and needs of other beneficiaries.
Eligible Applicants
- Spouses or civil partners of the deceased person.
- Former spouses or civil partners who have not remarried or entered into a new civil partnership.
- Cohabitants who were living with the deceased person as if they were spouses or civil partners.
Time Limit for Claims
- Applications must be made within six months of the grant of representation.
Factors Considered by the Court
- The applicant's financial resources and needs.
- The financial resources and needs of other beneficiaries.
- The obligations and responsibilities of the deceased person towards the applicant.
- The size and nature of the estate.
- Any other matter, including conduct, which the court considers relevant.
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Description
Test your knowledge of the UK law that allows spouses or civil partners to claim financial provision from a deceased person's estate. Covers key provisions and court considerations.
