What type of claims can be made under the IPFDA 75

The court has a wide discretion of what Orders may be made under the I(PFD)A 1975. If the court is satisfied that reasonable financial provision has not been made for the applicant, it has a wide discretion under I(PFD)A 1975, s 2 to make a variety of orders to ensure such provision including:

  • (a) an order for periodical payments;
  • (b) an order for a lump sum payment;
  • (c) an order for the transfer of estate property;
  • (d) an order for the settlement for the benefit of the applicant of estate property;
  • (e) an order for the acquisition of property out of estate assets for the claimant or for settlement for his benefit;
  • (f) an order varying ante or post-nuptial settlements made on the deceased’s marriage, the variation being for the benefit of the surviving spouse, any child of the marriage or any person treated as a child of the marriage;
  • (g) an order varying trusts on which estate assets are held, whether under the will or intestacy rules; and
  • (h) an order varying any settlement made during the subsistence of a civil partnership or in anticipation of a civil partnership the variation being for the benefit of the surviving civil partner, any child of the civil partnership or any person treated as a child of the civil partnership