Claims under the Inheritance (Provision for Family and Dependants) Act 1975

Resource type: Practice note

Status: Maintained

Jurisdictions: England, Wales

This practice note explains and discusses some of the important, practical and topical points which arise in claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act 1975). The aim of this note is to lead to a greater understanding of some of the problems which can arise under the Inheritance Act 1975 and how they can be tackled and resolved. It does not seek to set out the law under the Inheritance Act 1975 in any detail, nor is it a comprehensive treatment of all the issues which could arise under it.

We are reviewing this practice note in light of the consultation on a draft Inheritance and Trustees’ Powers Bill, launched by the Ministry of Justice on 21 March 2013, which will give effect to some of the recommendations made by the Law Commission in its 2011 report on the intestacy rules and claims under the Inheritance Act 1975. For further information, see Legal update, Consultation on draft Inheritance and Trustees' Powers Bill launched.

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Andrew Francis, Serle Court

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Resource ID: 6-383-8296
Products: PLC UK Private Client
This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

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Law Commission report: Intestacy and Family Provision Claims on Death (Law Com No 331) (17 November 2011) Law Commission report: Intestacy and Family Provision Claims on Death (Law Com No 331) (17 November 2011) (http://publicsector.practicallaw.com/topic4-517-2225)

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What is the time limit for bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 where the estate is small and a grant of probate is not required? What is the time limit for bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 where the estate is small and a grant of probate is not required? (http://publicsector.practicallaw.com/topic2-522-8822)

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