What does the court take into account?

When dealing with an Inheritance Act claim, the court will take into account the applicant’s needs and resources and consider these against what would be reasonable for their maintenance. Section 3 of the Inheritance Act sets out a range of factors that have to be taken into consideration. A number of factors will be taken in to account including:

• The age of the person making the claim
• The duration of the marriage
• The contribution to the welfare of the family that has been made by the person bringing the claim
• The provision that the person bringing the claim might reasonably have expected to receive if the marriage had been terminated by divorce.