When a loved one dies, it can be distressing to learn that their Will did not sufficiently provide for you. These situations can often be complicated due to the size of the estate, the nature of the gift, or whether the person died intestate (without a Will).
What is Reasonable Financial Provision?
The Inheritance (Provision for Family and Dependants) Act 1975 allows the Court to use its discretion to provide reasonable financial provision when a Will, or the rules of intestacy, fail to do so. This is particularly relevant for spouses and civil partners who may not have been adequately provided for.
What Does the Court Consider to be Reasonable Financial Provision?
In determining what constitutes ‘reasonable’ financial provision, the Court will undertake an objective assessment of the claimant’s financial position. This assessment will determine what provision can be made to ensure the claimant’s needs are met by the estate. It is up to the claimant to provide evidence to support their financial position.
Although what is ‘reasonable’ in most cases only extends to the claimant’s ‘maintenance’, a spouse or civil partner of the deceased will be in a more favourable position, with the potential to claim more.
The starting point in these types of claims is to consider the financial provision that would have been made if the parties had started divorce proceedings at the date of the deceased’s death. When determining the division of assets upon divorce, the Court tends to prioritise three principles:
- The financial needs of the parties
- Compensation
- Sharing
Additionally, the court will consider each of the Section 3 factors. These are:
- The financial resources and/or needs of the claimant now and in the future.
- The financial resources and/or needs of any other potential applicant now and in the future.
- The financial resources and/or needs of any beneficiary of the estate now and in the future.
- Any obligations and responsibilities which the deceased had towards the claimant, any applicant, or beneficiary.
- The size and nature of the estate.
- Any physical or mental disability of the claimant, any applicant, or beneficiary.
- Any other matter that the court considers relevant.
Does a Spouse or Civil Partner Get More in an Inheritance Act Claim?
It is important to note that although the provision made for a spouse or civil partner tends to be at a higher standard, each case is determined based on its facts and individual circumstances. The duty of the court in these types of claims is to consider each of the relevant factors above in turn, balancing the needs of the claimant and any other party when making provision from the estate.
How can Tozers help?
For help with dispute resolution, including disputed Wills, as well as deputies and attorneys, please visit our dedicated Dispute Resolution page.
