Author: Sidney Ross (2002)

PERSONAL REPRESENTATIVES AND CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

Sidney Ross examines I(PFD)A claims from the point of view of personal representatives and considers what their role should be
(taken from Issue No 20 –  July 2002

1.     Introduction

All practitioners who deal with claims under the Inheritance (Provision for Family and Dependants) Act 1975 (`the 1975 Act`) will have had experience of the confusion which exists in the minds of personal representatives who are parties to such claims, as to how they should act in the circumstances of the claim. A personal representative, whether he is an independent or an interested party, must at all times be aware that, although he is a necessary party, his role as representative is confined to assisting the court and excludes any attempt to defeat the claim.