Q&As

In circumstances where a claimant makes an Inheritance (Provision for Family and Dependants) Act 1975 claim against an estate, how can the parties involved ensure that, after the proceedings are determined or settled, another potential claimant does not issue a new claim against the same estate within 6 months post-grant?

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Produced in partnership with David Sawtell of 39 Essex Chambers
Published on: 05 July 2016

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) creates a statutory regime under which certain categories of applicants can apply for an order for financial provision out of a deceased’s estate. The I(PFD)A 1975 prescribes the categories of applicants in s 1. I(PFD)A 1975, s 2 sets out the orders that the Court can make.

I(PFD)A 1975, s 2(4) specifically gives the Court power to include provisions in the order that are ‘necessary or expedient for the purpose of… securing that the order operates fairly as between one beneficiary of the estate of the deceased and another’. This provision does not appear

David Sawtell
David Sawtell

David is a barrister specialising in property, commercial and chancery fields. He was called to the Bar in 2005. He is regularly instructed in complicated property, company and commercial litigation, as well as cases involving professional liability. He has particular expertise in cases involving a cross over between different areas of law or where there are allegations of dishonesty or fraud. He appears regularly in the Chancery Division and has been reported in the Court of Appeal. He is regularly published across a number of leading practitioner’s periodicals, including the Commercial Litigation Journal and the Procurement and Outsourcing Journal. He speaks regularly at seminars and conferences on commercial and civil litigation topics. He was the author of the two commercial litigation units for the Level 4 higher apprenticeships in legal services. He is a tenant at Lamb Chambers.

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United Kingdom

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