
Under the Inheritance (Family and Dependants Provision) Act 1972, the Court may make provision for certain people from a deceased’s estate in certain circumstances. The Court has this power whether the deceased had a Will and whether the deceased expressly excluded that person from their Will. Where the deceased has a Will, this process is known as challenging the Will.
The Court may only make provision where there has been an application under the above Act. The following people may make an application:
- A person who was married to, or living as the de facto partner of, the deceased immediately before the death of the deceased
- A person who was entitled to receive maintenance from the deceased as a former partner at the date of death
- A child living, including a child not yet born, as at the date of death
- A grandchild living, including a grandchild not yet born, of the deceased who was being maintained by the deceased at the date of death or whose parent (being a child of the deceased) has died·
- A parent of the deceased
To be successful in an application, the applicant must show that they will not otherwise receive adequate provision for their “proper maintenance, support, education or advancement in life.” The Court may refuse to make an order because of an applicant’s character or conduct, even where the applicant can show that they will not receive adequate provision.
So, as they say, be good to your parents.
Law Talk
By Jude Keatley