Inheritance Act 1975 Quiz
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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?

  • Spouses or civil partners of the deceased person only
  • Former spouses or civil partners who have not remarried or entered into a new civil partnership
  • All of the above, including cohabitants who were living with the deceased person as if they were spouses or civil partners (correct)
  • Beneficiaries mentioned in the will of the deceased person

    • What is the main purpose of the Inheritance Act 1975?

  • To allow the court to vary the distribution of the estate to ensure that the spouse or civil partner receives a reasonable financial provision (correct)
  • To require all deceased persons to make a will before they pass away
  • To ensure that the will of the deceased person is enforced
  • To protect the interests of beneficiaries mentioned in the will of the deceased person

    • What is the time limit for making an application under the Inheritance Act 1975?

  • Within one year of the grant of representation
  • There is no time limit for making an application
  • Within six months of the grant of representation (correct)
  • Within three months of the grant of representation

    • What is one of the factors that the court considers when making a decision under the Inheritance Act 1975?

    <p>The financial resources and needs of the applicant</p> Signup and view all the answers

    What is the purpose of section 3 of the Inheritance Act 1975?

    <p>To specify the factors that the court considers when making a decision</p> Signup and view all the answers

    What is not a requirement for making a claim under the Inheritance Act 1975?

    <p>The applicant must have made a will before the deceased person passed away</p> Signup and view all the answers

    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.

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