How to Make a Claim under the Inheritance (Provision for Family and Dependants) Act 1975

Summary

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to make claims for reasonable financial provision from an estate.
Eligible applicants include spouses, civil partners, former partners, cohabitees, children, and financial dependants.
Claims must usually be made within six months of the Grant of Probate, and courts assess factors such as financial need, estate size, and obligations of the deceased.
Remedies range from lump sum payments to property transfers or ongoing maintenance.
Acting quickly, gathering evidence, and seeking legal advice are critical in inheritance provision disputes.

Rising property values, complex family structures, and increased public awareness of legal remedies have resulted in a rise in contested Wills. More people are considering claims when they feel unfairly treated or excluded from an estate.

The Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act 1975”) provides a legal route for certain people to challenge a Will or an intestacy outcome. Its purpose is to ensure that those who were financially dependent on the deceased, or had a close relationship recognised by law, can apply for reasonable financial provision if they have been left without it.

This guide explains who can bring a claim under the Act, the grounds for doing so, how the process works, what remedies are available, and practical steps for both claimants and those defending a claim.

Who Can Claim under the Inheritance Act 1975?

Not everyone can contest a Will under the Act. Eligible applicants include:

A spouse or civil partner of the deceased.
A former spouse or civil partner (provided they have not remarried).
A person who cohabited with the deceased as a partner for at least two years before death.
A child of the deceased, including adult children.
A person treated as a child of the family (such as a stepchild).
Any person financially maintained by the deceased immediately before death.

Applicants must also show the deceased was domiciled in England or Wales at the time of death.

Common examples include estranged adult children excluded from a Will, cohabiting partners left unprovided for, or stepchildren financially dependent on the deceased but not named in the Will.

What are the Grounds for Making a Claim

The Act allows claims where the Will, or intestacy, fails to make reasonable financial provision.

For spouses and civil partners, the standard is what would be reasonable for them to receive, whether or not they were financially dependent. For all other applicants, the standard is provision for maintenance.

Typical grounds for inheritance provision disputes include:

Being excluded from the will altogether.
Receiving a smaller share than expected.
Experiencing financial hardship due to insufficient provision.

Whether the courts will award in your favour depends on the facts of your case. For example, in the landmark case of Ilott v Mitson [2017] UKSC 17, Heather Ilott, an estranged daughter, challenged her late mother’s Will after being left nothing, with the estate going entirely to three charities. Heather was initially awarded £50,000 from the £486,000 estate. The Court of Appeal increased this to £143,000 to help her buy her home, with an option for an additional £20,000. The charities appealed, and the Supreme Court reinstated the original £50,000 award, stating that ‘reasonable financial provision’ should cover maintenance, not improve the claimant’s financial position.

This case highlights the fact that the courts will only change the outcome of a Will if reasonable financial provision was not made by the deceased, not simply because the claimant believed they should have received more.

How do I bring an Inheritance Act 1975 Claim

Time Limits and Pre-Action Steps

Claims must usually be issued within six months from the date of the Grant of Probate. The court has discretion to allow late claims, but this is rare.

Before going to court, your Contentious Wills and Probate Solicitor will try and encourage an early settlement via negotiation or mediation.

Court Procedure

If settlement fails, proceedings are issued in the Family Division or Chancery Division of the High Court. Defendants usually include executors and beneficiaries affected by the claim.

When the court considers whether to make an award, it will look at a range of factors under section 3 of the Inheritance (Provision for Family and Dependants) Act 1975. These include:

the financial resources and needs of the applicant, now and in the foreseeable future;
the financial resources and needs of any other applicant;
the financial resources and needs of any beneficiary of the estate;
any obligations or responsibilities the deceased had towards the applicant or any beneficiary;
the size and nature of the deceased’s net estate;
whether any applicant or beneficiary has a physical or mental disability; and
any other matter, including the conduct of the parties, that the court considers relevant.

It is important to note that “reasonable financial provision” does not guarantee an equal share of the estate. If your claim succeeds, the court will weigh these factors to decide what, if anything, should be awarded.

What are the Possible Outcomes of an Inheritance Act 1975 Claim?

The court has wide discretion in inheritance dispute outcomes. Possible orders include:

Lump sum payments to meet immediate needs.
Ongoing maintenance through periodical payments.
Transfer of property, such as providing a home for a surviving partner or dependant.
Settlement of property for a fixed period, often reverting back to the estate after the child reaches adulthood.

The type and scale of awards vary. Spouses may receive provision similar to what would have been awarded in divorce. Adult children usually receive more modest sums aimed at maintenance. Cohabitees may be awarded property rights for housing.

For executors and beneficiaries, defending an Inheritance Act claim means showing the will was fair, the estate is already stretched, or that the applicant’s needs are not as pressing as claimed.

Practical Tips For Making an Inheritance Act 1975 Claim

Act Quickly

Missing the six-month limit can prevent a claim unless the court grants special permission. Executors distributing an estate should also pause if a potential claim is raised.

Gather Evidence

Applicants should collect financial records, proof of dependency, and correspondence showing contributions or expectations. Executors defending claims should maintain clear accounts of estate administration.

Costs and Risks

Contesting a Will is expensive. Courts can order unsuccessful claimants to pay the other side’s costs, so risks must be carefully weighed. Mediation often offers a cheaper and less stressful solution.

Executors Facing Claims

Executors should remain neutral, administer the estate carefully, and seek directions from the court if unsure. Failure to handle disputes properly can lead to personal liability.

Concluding comments

The Inheritance (Provision for Family and Dependants) Act 1975 provides a structured route for eligible applicants to claim reasonable financial provision, but strict time limits, evidential requirements, and financial risks make it vital to act carefully.

For those excluded from a Will, or for executors facing a claim, early legal advice from a Contentious Wills and Probate Solicitor is essential. Careful planning and open communication during lifetime, supported by well-drafted Wills, remain the best way to avoid inheritance disputes in the first place.

FAQs

What if I miss the six-month time limit for a claim?
You may still apply, but the court rarely grants permission for late claims. Acting promptly is essential.

Can adult children always make a claim?
Adult children can apply, but success depends on their financial need and circumstances. Provision is usually limited to maintenance.

Do cohabiting partners have equal rights with spouses?
No. Cohabitees can claim if they lived with the deceased for two years before death, but they are not treated the same as spouses.

What happens if there are competing claims?
The court balances competing claims by considering all applicants’ needs, estate resources, and the deceased’s obligations.

Can costs be recovered in Inheritance Act claims?
The court can order the losing party to pay costs, but in some cases, costs are paid out of the estate, particularly where the deceased’s Will caused uncertainty.

To find out how our friendly team can help you with a civil litigation matter, please phone us on (0247) 6641642 or fill in our contact form, and we will get back to you as quickly as possible.