Inheritance (Provision for Family and Dependants) Act 1975

Application for financial provision from deceased’s estate

(1) Where after the commencement of this Act a person dies domiciled in England and Wales and is survived by any of the following persons:— (a) the spouse or…

Powers of court to make orders

(1) Subject to the provisions of this Act, where an application is made for an order under this section, the court may, if it is satisfied that the disposition…

Matters to which court is to have regard in exercising powers under s. 2

(1) Where an application is made for an order under section 2 of this Act, the court shall, in determining whether the disposition of the deceased’s estate…

Time-limit for applications

An application for an order under section 2 of this Act shall not, except with the permission of the court, be made after the end of the period of six months…

Interim orders

(1) Where on an application for an order under section 2 of this Act it appears to the court— (a) that the applicant is in immediate need of financial…

Variation, discharge etc. of orders for periodical payments

(1) Subject to the provisions of this Act, where the court has made an order under section 2(1)(a) of this Act (in this section referred to as “the original…

Payment of lump sums by instalments

(1) An order under section 2(1)(b) or 6(2)(b) of this Act for the payment of a lump sum may provide for the payment of that sum by instalments of such amount…

Property treated as part of “net estate”

(1) Where a deceased person has in accordance with the provisions of any enactment nominated any person to receive any sum of money or other property on his…

Property held on a joint tenancy

(1) Where a deceased person was immediately before his death beneficially entitled to a joint tenancy of any property, then, if ... an application is made for…

Dispositions intended to defeat applications for financial provision

(1) Where an application is made to the court for an order under section 2 of this Act, the applicant may, in the proceedings on that application, apply to the…

Contracts to leave property by will

(1) Where an application is made to a court for an order under section 2 of this Act, the applicant may, in the proceedings on that application, apply to the…

Provisions supplementary to ss. 10 and 11

(1) Where the exercise of any of the powers conferred by section 10 or 11 of this Act is conditional on the court being satisfied that a disposition or…

Provisions as to trustees in relation to ss. 10 and 11

(1) Where an application is made for— (a) an order under section 10 of this Act in respect of a disposition made by the deceased to any person as a trustee, or…

Provision as to cases where no financial relief was granted in divorce proceedings etc

(1) Where, within twelve months from the date on which a divorce order or nullity of marriage order has been made final or a judicial separation order has been…

Provision as to cases where no financial relief was granted in proceedings for the dissolution etc. of a civil partnership

(1) Subsection (2) below applies where— (a) a dissolution order, nullity order, separation order or presumption of death order has been made under Chapter 2 of…

Restriction imposed in divorce proceedings etc. on application under this Act

(1) On the making of a divorce, nullity of marriage or judicial separation order or at any time thereafter the court, if it considers it just to do so, may, on…

Restriction imposed in proceedings for the dissolution etc. of a civil partnership on application under this Act

(1) On making a dissolution order, nullity order, separation order or presumption of death order under Chapter 2 of Part 2 of the Civil Partnership Act 2004…

Restriction imposed in proceedings under Matrimonial and Family Proceedings Act 1984 on application under this Act

(1) On making an order under section 17 of the Matrimonial and Family Proceedings Act 1984 (orders for financial provision and property adjustment following…

Restriction imposed in proceedings under Schedule 7 to the Civil Partnership Act 2004 on application under this Act

(1) On making an order under paragraph 9 of Schedule 7 to the Civil Partnership Act 2004 (orders for financial provision, property adjustment and…

Variation and discharge of secured periodical payments orders made under Matrimonial Causes Act 1973

(1) Where an application for an order under section 2 of this Act is made to the court by any person who was at the time of the death of the deceased entitled…

Variation and revocation of maintenance agreements

(1) Where an application for an order under section 2 of this Act is made to the court by any person who was at the time of the death of the deceased entitled…

Availability of court’s powers under this Act in applications under ss. 31 and 36 of the Matrimonial Causes Act 1973

(1) Where— (a) a person against whom a secured periodical payments order was made under the Matrimonial Causes Act 1973 has died and an application is made…

Availability of court’s powers under this Act in applications under paragraphs 60 and 73 of Schedule 5 to the Civil Partnership Act 2004

(1) Where— (a) a person against whom a secured periodical payments order was made under Schedule 5 to the Civil Partnership Act 2004 has died and an…

Effect, duration and form of orders

(1) Where an order is made under section 2 of this Act then for all purposes, including the purposes of the enactments relating to capital transfer tax, the…

Provisions as to personal representatives

(1) The provisions of this Act shall not render the personal representative of a deceased person liable for having distributed any part of the estate of the…

Determination of date on which representation was first taken out

(1) The following are to be left out of account when considering for the purposes of this Act when representation with respect to the estate of a deceased…

Effect of this Act on s. 46(1)(vi) of Administration of Estates Act 1925

Section 46(1)(vi) of the Administration of Estates Act 1925, in so far as it provides for the devolution of property on the Crown, the Duchy of Lancaster or…

Interpretation

(1) In this Act— “beneficiary”, in relation to the estate of a deceased person, means— a person who under the will of the deceased or under the law relating to…

Consequential amendments, repeals and transitional provisions

(1) … (2) Subject to the provisions of this section, the enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the…

Short title, commencement and extent

(1) This Act may be cited as the Inheritance (Provision for Family and Dependants) Act 1975. (2) This Act does not extend to Scotland or Northern Ireland. (3)…