A case under the Inheritance (Provision for Family and
Dependants) Act 1975 highlights the importance of checking the
ownership of joint property.
Under the Inheritance (Provision for Family and Dependants) Act
1975 (“the 1975 Act”), an application can be made to
the Court if “reasonable financial provision” is not
made for certain individuals under a Will. The individuals who can
potentially bring a claim under the 1975 Act include the spouse and
children of the deceased.
The 1975 Act allows the Court to make a wide range of orders
against an estate, including orders against property held as joint
tenants. What happens to a property on death depends on whether the
property is owned as “joint tenants” or as
“tenants in common”:
