IPFDA 1975 s 1(1)(e) maintenance claims: assumed responsibility, 'immediately before death' and substantial, non-commercial contributions (England and Wales)

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Practice notes

Section 1(1)(e) of the Inheritance (Provision for Family and Dependants) Act 1975

Section 1(1)(e) of the I(PFD)A 1975 functions as the broad fallback where the other gateways do not accommodate a prospective applicant. Yet a claim on this basis is restricted by the obligation to show that, immediately prior to death, the deceased was maintaining the applicant, in whole or in part.

Recognising how testing this can be, from 1 October 2014 the Inheritance and Trustee's Powers Act 2014 refined the evidential threshold. An individual is treated as maintained only where the deceased made a substantial contribution, in money or money’s worth, towards that person’s reasonable needs, excluding any contribution provided for full valuable consideration under a commercial arrangement.

The expression being maintained appears only in I(PFD)A 1975, s 1(3). Some further assistance is found in I(PFD)A 1975, s 3(4), which the court considers when determining whether reasonable provision has been made for the...

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Web page updated on 21/05/2026

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