| As the Deceased's spouse (husband or wife) or | | | | moral obligation to the other. |
| Dependant you are entitled to make an Application | | | | If the Estate of the deceased is not large enough to |
| under the Inheritance (Provision for Family and | | | | discharge all of the deceased's obligations, then the |
| Dependants) Act 1975, which shall be referred to as | | | | Court will have to weigh up the conflicting claims.iii) The |
| the I(PFD)A 1975 from now on. | | | | size and nature of the net Estate of the deceased. |
| Under the I(PFD)A 1975, there are six categories of | | | | The Court will be reluctant to interfere in the case of |
| person who is entitled to apply on the grounds that the | | | | very small Estates. It will discourage Applications |
| deceased's Will or the Rules of Intestacy (which apply | | | | where the cost of the action may exhaust a large part |
| when there is no will) or a combination of both fail to | | | | of the assets of the Estate. If the Estate is small, no |
| "make reasonable financial provision" for the Applicant. | | | | Order may be made if it would not be sufficient to |
| One of the six categories is the wife or husband of | | | | make a real contribution to the maintenance of the |
| the deceased. A Husband or Wife must prove that he | | | | Applicant.iv) Any physical or mental disability of any |
| or she was validly married to the deceased and the | | | | Applicant or any person entitled either under the |
| marriage was subsisting at the death of the deceased. | | | | deceased's Will or the Rules of Intestacy. For example, |
| A Marriage Certificate is prima facie evidence of a | | | | the Court would treat favourably a Claim by a disabled |
| valid marriage, unless challenged when further proof | | | | adult child.v) Any other matter, including the conduct of |
| will be necessary. | | | | the Applicant or of any other person. This covers the |
| There is a two-stage process to determine whether | | | | conduct of the deceased as well as that of the |
| "reasonable financial provision" has been made. The | | | | Applicant or any other beneficiary. The conduct can |
| Court will ask: | | | | be negative or positive and may influence the Court's |
| 1. Has the Will or Intestacy or a combination of both | | | | decision. |
| had the effect of failing to make reasonable financial | | | | In addition to considering the general guidelines, the |
| provision for the Applicant? | | | | Court has special guidelines to consider for each class |
| 2. If so, the Court goes on to consider the question of | | | | of Applicant. |
| what would amount to reasonable provision for that | | | | For a surviving spouse, the Court would consider the |
| Applicant. | | | | following additional guidelines:- |
| There are two tests of reasonableness to be applied; | | | | 1. The age of the Applicant and the duration of the |
| the first to decide whether the provision made for the | | | | marriage. |
| Applicant was reasonable and second, to decide | | | | 2. The contribution by the Applicant to the welfare of |
| whether it is reasonable to make an Order now. Both | | | | the family of the deceased, including any contribution in |
| questions must be answered in the Applicant's favour | | | | looking after the home and caring for the family and |
| if the Applicant is to succeed. | | | | 3. The provision the Applicant might reasonably expect |
| There are two standards of provision. The Surviving | | | | to receive if on the day when the deceased died the |
| Spouse standard and that applied in all other cases. | | | | marriage, instead of being terminated by death, had |
| Broadly speaking, a Spouse is treated in a similar way | | | | been terminated by a Decree of Divorce. |
| as if the Spouses were divorcing. | | | | The starting point is the amount which the Applicant |
| The I(PFD)A 1975 sets down guidelines which are | | | | could have expected to receive from Divorce. |
| common to all Applications to help the Court to decide | | | | There is a time-limit for making Applications under the |
| whether the deceased made "reasonable financial | | | | I(PFD)A 1975. That time-limit is 6-months from the grant |
| provision" for the Applicant and also to help the Court | | | | of Probate or Letters of Administration to the Estate. |
| decide whether to exercise its discretion to make an | | | | Time extensions can be granted by the Court, but |
| Order. | | | | successful Applications to extend the limit are rare. |
| The Court must have regard to the following | | | | Upon determining an Application, the Court has a wide |
| matters:-i) The financial resources and needs of the | | | | range of powers to make a variety of Orders - for |
| Applicant, any other Applicant or beneficiary now or in | | | | example: |
| the foreseeable future. Earning capacity, pensions and | | | | Periodical payments: These are regular payments of a |
| Social Security benefits are all relevant in ascertaining | | | | specified amount that can be for life for a limited |
| the Applicant's financial resources, as are any capital | | | | period - e.g until re-marriage or for a specified number |
| assets of the Applicant. In considering the Applicant's | | | | of years. |
| financial needs, the Court must take into account the | | | | A lump sum payment: This is an Order for payment of |
| financial obligations and responsibilities. If the needs of | | | | a specific sum. The Order can specify payment in |
| the beneficiaries are great, the Application is likely to | | | | installments. |
| fail. In seeking to meet the Applicant's needs, the Court | | | | A transfer of property: The Court can Order the |
| will also have regard to the type of Order which is | | | | transfer of Title to a property, e.g. a dwelling-house. |
| most appropriate.ii) Any obligations and responsibilities | | | | A settlement of property: The Court has wide powers |
| of the deceased towards any Applicant or beneficiary | | | | to Order settlements of property - e.g. for making |
| entitled under the deceased's Will or the Rules of | | | | provision for infant children. |
| Intestacy. Obligations include moral obligations as well | | | | Orders for acquisition of property: The Court can |
| as legal obligations owed by the deceased to the | | | | Order a house to be purchased for the Applicant. |
| Applicant and to other beneficiaries. Moral obligation | | | | A variation of Marriage settlement: The Court has a |
| may arise partly out of the relationship of the Applicant | | | | limited power to vary existing Orders in respect of |
| to the deceased and partly out of the needs of the | | | | periodical payments. |
| Applicant. For example, normally, one spouse owes a | | | | |