What is ‘reasonable financial provision’ when contesting a Will?
When contesting a will, we sometimes use the argument of ‘reasonable financial provision’. This is detailed within The Inheritance (Provision for Family and Dependents) Act 1975 and says that some family members, or persons, who were dependant on the person who has died, may seek ‘reasonable financial provision’ from the deceased’s estate.
This often leads many of our clients to question, what is ‘reasonable financial provision’ when contesting a will?
Firstly, it is worth noting that opting for this route is not strictly speaking a challenge to the validity of the will. In fact, a claim for reasonable financial provision can be made even if the deceased did not leave a valid will. This is on the basis that the intestacy rules do not provide what is considered to be ‘reasonable’ provision.
Broadly, the following people can bring a claim for reasonable financial provision:
- The spouse/civil partner of the deceased (including a former spouse/civil partner who has not remarried)
- A child of the deceased (including adult children), or anyone treated as a child of the family, including adopted children, stepchildren and the children of a long-term partner of the deceased
- Anyone who was wholly or partly maintained by the deceased immediately before their death
- A co-habitant living in the same household as the deceased for the whole of the two years before their death.
How is an amount or value decided upon?
What ‘reasonable financial provision’ means differs from case to case.
For a spouse/civil partner, the legal test is more flexible, and the judge might consider what the claimant might have been entitled to under a hypothetical divorce as a starting point. Factors could include the length of the marriage, and whether the spouse is entitled to lump sums or income from an insurance policy or pension, for example.
For everybody else, the legal test is provision that is reasonable for their ‘maintenance’. Again, this is difficult to define, but it is generally a question of maintaining the lifestyle that the claimant had before the death, rather than any substantial improvement.
When considering what is reasonable financial provision, the court will take into account a number of factors, including the current and future resources of the applicant and their needs, including any physical or mental disability or care needs of other beneficiaries of the estate and other applicants. The court also considers other factors such as the size of the estate, whether there is cash or property available to meet the claim, in addition to the needs of any other applicants or beneficiaries. Finally, the court will consider the conduct of the claimant and anything else that it considers relevant.
With this type of dispute, there is a very tight timeframe to bring a claim. It must be brought within just six months from the date of the grant of probate. It is also important to bear in mind that a claim can be brought before probate is even granted. Any claimant should seek professional legal advice promptly to ensure they secure a fair outcome.
As a dedicated will disputes solicitor who focuses only on this very specialist area of the law, I can offer prompt and effective legal advice to let you know where you stand and what you could be entitled to. To find out more about reasonable financial provisions, you can email me directly via matthew.ellis@GAsolicitors.com or call the office on 01752 203500.
You can read a recent article about testamentary capacity in wills here.
GA Solicitors in Plymouth is ranked in Chambers UK, Chambers High Net Worth, The Legal 500 and The Legal 500 Green Guide.
All content on this website (inclusive of guides, blogs and imagery) is strictly copyrighted by Gill Akaster LLP, trading as GA Solicitors. It is not to be used by any third party without prior contact and permission. Any requests for content should be sent to katy.mckenna@GAsolicitors.com.