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Questions and Answers
What is the maximum age at which a son receives maintenance payments under section 3(2)?
Under what condition can the Court provide lump sum maintenance payments according to section 3(4)?
Which of the following scenarios does NOT terminate maintenance payments for a husband under section 3(2)?
What should clients be advised about if they choose not to provide reasonable financial provisions for dependants in their will?
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Which of the following statements regarding sections 3(5), 3(6), 3(7), and 3(8) is correct?
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What does the term 'en ventre sa mere' imply in legal terms?
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Under which condition will an IFPA application be considered invalid?
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What is the maximum time limit to file an IFPA application under normal circumstances?
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In which case was the provision regarding the surviving spouse's entitlement specifically construed?
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What grounds can justify the extension of the 6-month application period under the IFPA?
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Which of the following is a necessary condition for making an IFPA application by dependents?
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Which situation would prevent the court from extending the 6-month application limit?
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If a child was conceived after the father's death but born within 280 days afterward, what is their legal status regarding the claim on the estate?
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What was the primary reason the High Court ruled against further provision under the IFPA for the appellant?
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In the AOS case, which aspect of the IFPA was emphasized by the Court of Appeal?
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How much total income was the appellant receiving monthly from her own resources and the testator's family combined?
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What did the appellant attempt to incorporate from the Women's Charter into her claims under the IFPA?
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What was the significance of the court's findings about the appellant's stated monthly expenses?
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What was a key limitation expressed by the Court of Appeal regarding the IFPA?
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What was one of the financial sources that contributed to the appellant's income?
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How did the Court of Appeal interpret the appellant's requests in relation to her financial position?
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What does Section 3(7) specify regarding the deceased's reasons for their will dispositions?
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What legal effect does a successful IFPA application have on a deceased’s estate?
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In the context of the IFPA, what limitation is imposed on a person's testamentary freedom?
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What was the primary legal issue regarding the widow's eligibility for claims under the IFPA?
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What was the central issue in the case AAG v Estate of AAH regarding the IFPA?
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Which of the following statements is true about the widow's adult male children under the IFPA?
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According to the IFPA, what may the court do if it makes an order under the Act?
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What amount did the widow initially seek per month for maintenance from the testator's estate?
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What is the maximum portion of the net estate that can be set aside for maintenance under the IFPA?
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In the case of AOS v Estate of AOT, what was determined about the eldest son with disabilities?
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Which of the following statements is true about evidence considered by the court according to Section 3(7)?
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What broader question was raised regarding the widow's claims under the IFPA?
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What limitation does the IFPA impose when assessing testamentary dispositions?
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What alternative claim did the widow seek apart from monthly maintenance?
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Which was NOT one of the claims made by the widow in the IFPA application?
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What was the conclusion regarding the mother's ability to apply for her children under the IFPA?
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Study Notes
Introduction to Intestate Family Provision Act (IFPA)
- The IFPA allows dependents of a deceased person to make an application to the Family Justice Court for reasonable provision from the deceased's estate.
- A "dependant" can include a spouse, child (including unborn children), or other person who was financially dependent on the deceased.
- The IFPA provides specific time limits for making an application.
- The IFPA is intended to ensure that dependents receive reasonable provision for their maintenance, but it does not aim to provide legacies or redistribute assets.
Requirements for IFPA Application
- Dependents need to demonstrate that the disposition of the deceased's estate does not make reasonable provision for their maintenance.
- This means there must be an insufficient provision in the will or intestacy law to provide for the dependant's reasonable needs.
- However, if the surviving spouse is entitled to at least 2/3rds of the net estate's income, and the only other dependents are children of the surviving spouse, the claim will fail.
Time Limits for Applications
- Generally, an IFPA application must be made within 6 months from the date representation in the deceased's estate is first taken out.
- The court can extend the time limit under certain circumstances, such as the discovery of a new will, a dispute about an interest in the estate, or other relevant factors.
Court Orders under IFPA
- The court can order periodical payments for maintenance, with termination based on specific events like remarriage (for spouses), marriage or disability cessation for daughters and sons, or reaching the age of 21 for sons.
- If the deceased's estate is less than $50,000, the court can order a lump sum payment for maintenance.
Factors Considered by the Court
- The court will consider all relevant factors relating to the applicant's needs, the deceased's relationships, the deceased's reasons for their testamentary choices, and the nature of the estate.
- The court may attach weight to written statements signed by the deceased explaining their reasoning.
Effect of a Successful IFPA Application
- A successful IFPA application can alter the estate distribution, making provision for the dependant's maintenance.
- The order operates as if it has had effect since the deceased's death, and the court can give directions to implement the order.
ILlegitimate Children and IFPA
- The IFPA does not allow illegitimate children to claim maintenance.
Court of Appeal Decisions
Case 1: AAG v Estate of AAH
- The case clarified that illegitimate children cannot claim maintenance under the IFPA.
Case 2: AOS v Estate of AOT
- The case involved a widow claiming provision for herself and her adult children.
- The court held that adult children studying overseas were not considered dependents.
- The widow's claim for maintenance was significantly reduced due to her substantial income from other sources.
- The case highlighted the interplay between IFPA and the Women's Charter, but the court said that IFPA is not about equitable division of assets, but about maintenance.
Key Takeaways
- The IFPA aims to ensure dependants' reasonable maintenance, not to redistribute assets.
- It is essential to consider the time limits and the specific criteria for making a claim.
- The court will carefully assess the applicant's needs, the deceased's reasons for estate distribution, and other relevant factors.
- It's important to remember that the IFPA does not allow illegitimate children to claim maintenance.
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Description
This quiz covers the key aspects of the Intestate Family Provision Act (IFPA), focusing on the rights of dependents to apply for reasonable provision from the deceased's estate. It explains who qualifies as a dependant and the requirements for making an application. Understand the implications of the IFPA to ensure fair maintenance for eligible individuals.