The Act

The Inheritance (Provision for Family & Dependants) Act 1975, or “1975 Act” offers individuals, associated with the deceased, the opportunity to bring about a claim against the estate where they feel they have not been ‘reasonably’ provided for or, left out entirely under the terms of any Will that the Deceased made or the provisions of the Rules of Intestacy, where there is no valid Will and the law prescribes who is to receive a Deceased persons estate.

The Act does not generally allow for the consideration of ‘fairness’ in respect to a will but rather the financial needs of the individual making the claim. The Court, therefore, is not obliged to consider the deceased’s reasons for excluding an individual or make any moral judgements, but rather it considers the balance of the need of the individual making the claim against the interests of the other applicants under the Act alongside the beneficiaries of the Estate (whether that is under the terms of a Will
or the Rules of Intestacy).

What are the pitfalls & benefits of the 1975 Act?

We start by examining the types of eligible claimants, how their claims are considered by the Court and the benefits and pitfalls associated with them.

Eligible Claimants – Pitfalls and Benefits

1. Claimant was financially maintained by the Deceased: this Claimant must show that they were receiving a substantial contribution in money/or money worth such as
housing towards from the Deceased. Essentially the aim is to put right a wrong created by the Deceased where he fails to provide for someone who relies on him for financial support…

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In our experience in advising in claims against errant Trustees, we have collated the following examples of behaviour
which could be deemed inappropriate.

These are set out below;

1. Breach of trust – this may arise where the trustee has failed to follow the terms of the trust document which has
resulted in an undesirable outcome for one of or all beneficiaries or the trust itself.

2. Absent trustee – on occasion, trustees have been reported to fail to fulfil their duties and obligations whilst acting
as a trustee, whether this be causing unnecessary delay, lack of communication or lack of action or even as
above, breaches of trust.

3. Uncooperative trustee – if the trustee is refusing to co-operate with other trustees or deal with legitimate
enquiries from beneficiaries and provide…

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In straightforward circumstances, a family will would involve mother and father leaving their residuary estates to each other and
on the death of the second of them everything to be divided between the surviving children equally …

However – this is not always the case!

Family histories and dynamics can be complicated and with blended families and second (or more) marriages becoming more
common creating step-sibling scenarios, this brings with it more complicated ways of dealing with affairs on death.

Side-ways disinheritance

This is something which we come across fairly regularly. This usually occurs where Mr A and Mrs A have married, both with sets of
children of their own from previous relationships. If Mr A passes away, if there is no Will, the intestacy rules apply and his estate
(or the lions share) passes to Mrs A.

Mrs A is then free to do as she pleases with the estate and can make a will leaving her estate to her own children, thus Mr A’s
children missing out. If they have made wills whereby they leave everything to each other and on to their respective children in
equal shares…

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