# Inheritance (Provision for Family and Dependants) Act 1975 URL: https://consilena.com/coverage/laws/stat_uk_ukpga_1975_63 - Jurisdiction: United Kingdom - Type: Act - Identifier: ukpga/1975/63 - Current as of: 6 April 2022 - Provisions: 30 - Official text: https://www.legislation.gov.uk/ukpga/1975/63 - Licence: [Open Government Licence v3.0](https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/) - Attribution: Contains public sector information licensed under the Open Government Licence v3.0. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions - **s. 1 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… - **s. 2 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… - **s. 3 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… - **s. 4 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… - **s. 5 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… - **s. 6 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… - **s. 7 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 available for financial provision - **s. 8 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… - **s. 9 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… ### Powers of court in relation to transactions intended to defeat applications for financial provision - **s. 10 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… - **s. 11 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… - **s. 12 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… - **s. 13 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… ### Special provisions relating to cases of divorce, separation etc. - **s. 14 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… - **s. 14A 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… - **s. 15 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… - **s. 15ZA 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… - **s. 15A 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… - **s. 15B 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… - **s. 16 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… - **s. 17 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… - **s. 18 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… - **s. 18A 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… ### Miscellaneous and supplementary provisions - **s. 19 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… - **s. 20 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… - **s. 23 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… - **s. 24 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… - **s. 25 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… - **s. 26 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… - **s. 27 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)… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_uk_ukpga_1975_63. Index of every page: https://consilena.com/llms.txt.