Inheritance (Provision for Family and Dependants) Act 1975
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| Long title | An Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person; and for matters connected therewith. |
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| Citation | 1975 c 63 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 12 November 1975 |
| Other legislation | |
| Repealed by | Equality Act 2010 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
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The Inheritance (Provision for Family and Dependants) Act 1975 (c 63) is an Act of the United Kingdom Parliament concerning inheritance in England and Wales.
Contents
This Act makes provision for a court to vary (and extend when appropriate) the distribution of the estate of a deceased person to any spouse, former spouse, child, child of the family or dependant of that person in cases where the deceased person's Will or the standard rules of intestacy fail to make reasonable financial provision. Such provision can be derived not just from monetary assets but from any others forming part of the estate or which have been disposed of in the six years prior to the death.
Types of claimants
The claimant is the person making the claim. There are categories under which someone can make an Inheritance Act 1975 claim by virtue of their relationship with the Deceased. These categories are:[1]
- Wife or Husband of the Deceased, or;
- Ex-Wife or Ex-Husband of the Deceased who hasn't remarried, or;
- Cohabitant of the Deceased, or;
- Child of the Deceased, or;
- Someone treated as a Child of the family of the Deceased, or;
- Someone who was being financially maintained by the Deceased immediately before the death, or;
- Civil Partner of the Deceased, or;
- Same-Sex Cohabitant of the Deceased, or;
- Former Civil Partner of the Deceased, who hasn't remarried or entered a later Civil Partnership.
With each of the above categories there are further criteria and requirements that must be satisfied for someone to be eligible to make a claim.
Furthermore, the Deceased must have been Domiciled in England and Wales for the Inheritance Act 1975 to apply.
Repeals
This Act entirely repealed the Inheritance (Family Provision) Act 1938. Ten other Acts were partly repealed by this Act, those repeals are listed in the Schedule to the Act; further amendments to other legislation are made by section 26 of this Act.
See also
Notes
- ↑ "Inheritance Act 1975 — What types of people can make a claim". UK: Dolphin Inheritance. Retrieved 23 October 2012. External link in
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