Inheritance Act 1975 Claims Who Can Claim and What Does the Court Consider?
An Inheritance Act 1975 claim allows certain family members and dependants to seek reasonable financial provision where a will or the intestacy rules fail to make adequate provision.
This guide explains who can claim, what the court considers, the strict time limits involved and the practical issues that often determine the outcome.
When Can You Challenge a Will Under the Inheritance Act 1975?
Being left out of a will, or receiving much less than expected, can be distressing and financially worrying, especially where there was financial dependence on the person who has died. In England and Wales, a will is not always the final word. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to ask the court for reasonable financial provision where a will, or the intestacy rules in the absence of a will, fails to provide adequately.
The court will not rewrite a will simply because it appears unfair. The law respects testamentary freedom, but it also recognises that some family members and dependants should not be left without reasonable financial support.
Important legal and risk disclaimer
This article is based on England and Wales law at the time of writing. Inheritance Act claims are highly fact-sensitive, and outcomes depend on the applicant’s category, the evidence, the estate and the competing claims involved. This article is general information only and should not be treated as legal advice on any specific dispute.
What is an Inheritance Act 1975 claim?
An Inheritance Act claim is an application to the court for financial provision from the estate of someone who has died. It may arise where a will excludes someone, leaves them too little, or where the intestacy rules leave someone without reasonable support.
Reasonable financial provision means different things depending on who is making the claim. A surviving spouse or civil partner is assessed under a broader standard. Most other applicants, including cohabiting partners, children, and dependants, usually need to show that maintenance is required.
Maintenance is not limited to bare survival. It can include housing, income needs, debts, care, education, disability-related costs, and future financial security. However, it does not usually mean receiving a general share of the estate simply because that would feel fair.
Who can bring a claim?
Not everyone disappointed by a will can bring an Inheritance Act claim. The Act only allows certain categories of people to apply, and if a person does not fall within one of those categories, a different contentious probate route may need to be considered.
The eligible categories commonly include a spouse or civil partner, a former spouse or former civil partner in some circumstances, a cohabiting partner who lived with the deceased as if married or in a civil partnership for at least two years immediately before death, a child of the deceased, a person treated as a child of the family, and a person who was being maintained by the deceased immediately before death.
These categories can be straightforward in some cases and highly contentious in others. For example, cohabitation, parental relationships, and financial maintenance often require detailed factual evidence rather than simple assertion.
How the court assesses different claims
A surviving spouse or civil partner has the broadest potential claim because the court is not limited to strict maintenance. The court may consider what financial provision would have been reasonable if the relationship had ended by divorce or dissolution rather than death, although that is not a rigid formula.
Former spouses and former civil partners may also be able to claim, but any divorce or dissolution order must be carefully checked. In some cases, a clean break or express bar may prevent a future claim under the 1975 Act.
Cohabiting partners often assume that a long relationship gives the same inheritance rights as marriage, but it does not. Where there is no valid will, an unmarried partner may receive nothing automatically. A cohabiting partner claim will usually depend on proving both eligibility and a need for maintenance.
Children of the deceased, including adult children, may be able to claim. However, adult child claims are not simply about perceived unfairness. Financial need, health, disability, housing insecurity, dependency and the wider circumstances usually matter a great deal. Similar issues arise for stepchildren or others treated as children of the family, where the quality of the relationship and the deceased’s role may be important.
A person maintained by the deceased may also be able to claim, even if they were not a spouse, child or partner. These claims often turn on whether there was a substantial contribution towards the applicant’s reasonable needs immediately before death.
What does the court look at?
The court first asks whether reasonable financial provision has been made. If not, it then considers what order should be made by applying the statutory factors in section 3 of the Act.
Those factors commonly include the applicant’s financial resources and needs, the resources and needs of other applicants and beneficiaries, the obligations and responsibilities the deceased had towards the applicant and others, the size and nature of the estate, any physical or mental disability, and any other relevant matter, including conduct in appropriate cases.
In practice, the strength of the evidence is often critical. Broad claims of hardship are rarely enough without documents showing income, outgoings, debts, housing position, care needs and any financial support provided by the deceased during their lifetime.
Evidence, deadlines, and possible court orders
Inheritance Act claims are usually evidence-heavy. A claimant may need to provide details of income, assets, liabilities, expenditure, pensions, housing needs and future financial position. In cohabitation, child-of-the-family and dependency cases, relationship evidence and proof of maintenance can be just as important as financial records.
The time limit is especially important. In most cases, an Inheritance Act claim must be issued within six months of the grant of probate or letters of administration, not six months from the date of death. The court can permit a late claim, but relying on that is risky and should never be assumed to be safe.
If the court decides that reasonable financial provision has not been made, it can order remedies such as a lump sum, periodical payments, a transfer of property, a settlement of property, a trust variation, or arrangements allowing occupation of a home. Many claims settle before trial, often through correspondence, negotiation or mediation.
Risks and common mistakes
Inheritance Act claims can be expensive and emotionally difficult if fully contested. Costs do not automatically arise out of the estate, and an unsuccessful party may be ordered to pay costs. Proportionality is therefore important, especially where the estate is modest.
Common mistakes include waiting too long, assuming unfairness alone is enough, failing to gather documents early, distributing an estate too quickly, or allowing emotion to override strategy. These disputes are deeply personal, but the legal approach still needs to be practical, prompt and evidence-led.
How can Jonathan Lea Limited help?
Inheritance Act claims require sensitivity, clear legal judgement and prompt action. Jonathan Lea Limited can help assess eligibility, reasonable financial provision, evidence, limitation risk and settlement strategy. We also advise executors and beneficiaries on responding to claims, disclosure issues and estate administration risk.
Contact Us
We will respond to most enquiries with both an indicative scope of work and fee estimate, as well as the offer of a complimentary 20-minute discovery video call to discuss your issues and how we can help, before sending a more considered formal fee estimate via email.
In some limited cases, if you would just like initial advice and guidance on a call, we may instead offer a fixed fee appointment (commonly charged between £280 and £500 + VAT) whereby we will review the information you provide, hold a video call consultation and then follow up with an advisory email (as well as a fee estimate for any further work identified).
Please email wewillhelp@jonathanlea.net or call us on 01444 708640 as a first step. We first need an overview of the background and your issues, together with any significant documents, to provide an indicative scope of work and fee estimate.
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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.