Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 is an Act of the United Kingdom Parliament concerning inheritance in England and Wales. It has been amended, for example to take into account civil partnerships.[1]

Inheritance (Provision for Family and Dependants) Act 1975
Parliament of the United Kingdom
Long titleAn 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.
Citation[1]
Territorial extent England and Wales
Dates
Royal assent12 November 1975
Other legislation
Repealed byEquality Act 2010
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

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.

The Act was introduced to extend the Inheritance (Family Provision) Act 1938, following reports from the Law Commission in 1973[2] and 1974.[3]

Types of claimants

There are categories under which someone can make an Inheritance Act 1975 claim by virtue of their relationship at death with a person who was domiciled in England and Wales. These categories are:[1]

  • Spouse or civil partner
  • Former spouse or civil partner who has not remarried or repartnered
  • Person living as cohabitant
  • Child
  • Someone treated as a child or being financially maintained

In each of these categories there are criteria and requirements that must be satisfied for eligibility to claim.

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This Act entirely repealed the Inheritance (Family Provision) Act 1938. Ten other Acts were partly repealed by this Act, those repeals are listed in the Schedule to the Act; further amendments to other legislation are made by section 26 of this Act.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
  1. "Inheritance (Provision for Family and Dependants) Act 1975". Legislation.gov.uk. 5 December 2016. Retrieved 15 December 2016.
  2. Law Commission (22 May 1973). "FIRST REPORT ON FAMILY PROPERTY: A NEW APPROACH" (PDF).
  3. Law Commission (31 July 1974). "SECOND REPORT ON FAMILY PROPERTY: FAMILY PROVISION ON DEATH" (PDF).


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