Dispositions Intended to Defeat Financial Provision
| Author | Nasreen Pearce |
| Pages | 297-310 |
Chapter 10
Dispositions Intended to Defeat Financial
Provision
10.1 INTRODUCTION
Provision is made in the I(PFD)A 1975 to prevent a person from defeating,
frustrating or reducing claims made under the Act on their death by making
dispositions of their assets during their lifetime or contracting to do so after their
death. The powers of the court in respect of such evasion or avoidance, and the
duties of personal representatives and the protection afforded to them, are set out
in ss 10–13. Section 10 deals with disposition made during the lifetime of the
deceased and s 11 with contracts made to bequeath property in a will. Section 12
makes supplementary provisions relating to applications made under ss 10 and
11, which include how the court can determine the intention to defeat an
application under the Act and any consequential order it can make when dealing
with issues arising from applications made under either s 10 or s 11. Section 13
deals with powers of the court to make orders against trustees who have received
money or such property.
The provisions under I(PFD)A 1975, ss 10 and 11 may be invok ed only if the
court is satisfied that the exercise of its powers under s 10 would facilitate the
making of financial provision for the claimant.
10.2 INTER VIVOS DISPOSITION
Where a claim for financial provision is made under I(PFD)A 1975, s 2, the
claimant in those proceedings may apply to the court for an order under s 10(2)
that the donee of an inter vivos disposition (whether or not at the date of the order
they hold any interest in the property disposed of to them or for their benefit by
the deceased) provide, to the claimant, for the purposes of making that financial
provision, such sum of money or property as may be specified in the order. Thus
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