When someone dies, their will — or the intestacy rules — decides who gets what. But that outcome isn't always fair to those left behind. The 1975 Act gives certain family members and dependants a route to ask the court for reasonable financial provision from the estate, whether the deceased left a will or not. As a solicitor you'll meet this from both sides: advising a disappointed spouse, child or cohabitant whether they have a claim, and guiding personal representatives on how to distribute safely without exposing themselves to one.
This lesson builds the picture step by step, so by the end you can spot, assess and act on a claim with confidence.
- Purpose and Threshold Requirements — what the Act is for and the four hurdles an applicant must clear before the merits are reached.
- Eligible Applicants — the six categories of person who can claim, and what each must show.
- Standards of Provision and Section 3 Factors — the two yardsticks for provision and the factors the court weighs in deciding what's reasonable.
- Time Limits and Orders — when a claim must be brought, late applications, and the orders the court can make.
- The Net Estate and Anti-Avoidance — what assets a claim can reach, including property clawed back from joint tenancies and lifetime gifts.
- Protection of Personal Representatives — how PRs distribute safely and manage the risk of claims.