Docklands Solicitor

- Anybody who is ‘dependent’ on you at the time of your death, has a right to be provided ‘reasonable financial provision’ from your estate under the ‘Inheritance (Provision for Family & Dependents) Act 1975’ - IPFDA - if there is no Will, or the Will fails to adequately provide for them, with the Court using similar principles to those used by a divorce court.

- Dependents can include the deceased’s spouse, ex-spouse, co-habitants living together in a relationship other than a marriage or civil partnership, children, persons treated as children of the family and those financially dependent on the deceased - but excludes friends and close family who share a property.

- The ‘dependence’ has to either be literal dependence or dependence in the circumstances of that relationship for a particular standard of living.

- There are currently around 2 million co-habiting couples in the UK, and the widely held belief of a ‘common law marriage’ does not actually exist in law, but often results in people incorrectly believing their property will go to their partner on death. Such cohabitants are often forced into making a claim on their deceased partner’s estate, as, if there was no Will they would otherwise not inherit at all under Rules of Intestacy.

- The current qualifying cohabitation period after which a surviving partner can make a claim under the IPFDA is 2 years, and unlike a spousal claim, a cohabitee has to demonstrate that provision is necessary for his or her maintenance.

- It is important to remember that although you are entitled to leave your estate to whoever you wish, you must take into account potential claims that could be made by family members who are excluded or only left ‘token’ gifts when more was expected or even promised to them. Resolving such disputes can be a lengthy process – and incur significant costs!

Labels: children, cohabitee, dependant, Estate, ex-spouse, spouse