Claims under the Inheritance (Provision for Family and Dependants) Act 1975
This practice note explains and discusses some of the important, practical and topical points which arise in claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act 1975). The aim of this note is to lead to a greater understanding of some of the problems which can arise under the Inheritance Act 1975 and how they can be tackled and resolved. It does not seek to set out the law under the Inheritance Act 1975 in any detail, nor is it a comprehensive treatment of all the issues which could arise under it.
We are reviewing this practice note in light of:
- The Inheritance and Trustees’ Powers Bill [HL] 2013-14, introduced in the House of Lords on 30 July 2013. The Bill will give effect to some of the recommendations made by the Law Commission in its 2011 report on the intestacy rules and claims under the Inheritance Act 1975. For further information, see Private client legislation tracker: Inheritance and Trustees' Powers Bill 2013-14.
- The decision in Berger v Berger  EWCA Civ 1305 (see Legal update, Inheritance tax claim not allowed out of time because no trigger identified (Court of Appeal)).
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