When assessing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the court considers various factors to determine the appropriate provision to be made. These factors include:
- Financial needs and resources of the claimant: The court examines the claimant’s financial situation, including their income, assets, and liabilities, as well as their future financial needs and obligations.
- Obligations and responsibilities of the deceased: The court considers the deceased’s obligations towards the claimant, such as any financial support they provided during their lifetime or any promises made regarding inheritance.
- Size and nature of the estate: The court assesses the value and composition of the deceased’s estate, including any property, investments, savings, and other assets.
- Any other relevant circumstances: The court takes into account any other factors that may be relevant to the case, such as the claimant’s relationship with the deceased, the duration of the relationship, and the reasons why the deceased’s will or intestacy rules do not adequately provide for the claimant.
Based on these factors, the court determines what provision should be made from the estate to ensure that the claimant’s financial needs are met fairly and reasonably. This could involve adjusting the distribution of the estate or making additional financial provisions to address a claimant’s needs.
