Is it Enough? Maintenance and the Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 ensures fair financial provision for those left out of a will or inadequately provided for. But what exactly does “maintenance” under this Act mean?

Under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”), “maintenance” refers to the financial provision necessary to ensure that the applicant can live at a reasonable standard, neither luxurious nor poverty-stricken. This provision is intended to cover everyday living expenses and is not meant to provide for everything the applicant might desire.  The applicant might like a nice SUV as part of their claim or to live in a handsome home, but that isn’t going to happen.  Equally, the applicant isn’t expected to live at a subsistence level either.  

Yes, one important matter to bear in mind is the maintenance standard will not apply to spouses or civil partners, and this extends to former spouses or civil partners who have not remarried or formed a new civil partnership.  Instead, they can claim reasonable financial provision which is assessed more generously than for other applicants.  For spouses or civil partners, the court will consider what would be reasonable in all the circumstances, including what they might have expected to receive if the relationship had ended in divorce rather than death.  This isn’t always the case and each claim is decided on its own merits and circumstances, but it can include a broader range of financial provision beyond just maintenance, potentially covering a more substantial share of the Estate.

But it will apply to other 1975 applicants such as cohabitees, children of the Deceased or other dependants.  

The court considers several factors when determining what constitutes reasonable maintenance, including the applicant’s current and future financial needs, the financial circumstances of other beneficiaries, and any obligations the Deceased had towards the applicant.

The court will consider the following factors to determine whether the provision made (or lack thereof) is reasonable and what further provision, if any, is necessary.  These factors are set out in Section 3 of the 1975 Act and include:

• Financial Resources and Needs: The current and foreseeable financial resources and needs of the applicant, as well as those of other beneficiaries of the Estate.
• Obligations and Responsibilities: Any obligations and responsibilities the Deceased had towards the applicant and other beneficiaries.
• Size and Nature of the Estate: The overall size and nature of the Deceased’s Estate, including any debts or liabilities.
• Physical and Mental Health: The physical and mental health of the applicant and the beneficiaries, which can impact their financial needs.
• Standard of Living: The standard of living to which the applicant was accustomed during the Deceased’s lifetime.
• Conduct of the Applicant or the Deceased: The conduct of the applicant or the Deceased and any other relevant circumstances.

The court will also consider the earning potential of the applicant in determining any award (if any).  

These factors help the court balance the needs of the applicant with the interests of other beneficiaries and the intentions of the Deceased.

If you wish to obtain advice concerning a contested Will, please contact Noel McNicholas on 01926 887700 or noel.mcnicholas@thomasflavell.co.uk.