In England and Wales, people are generally free to leave their estate to whomever they choose. However, the Inheritance (Provision for Family and Dependants) Act 1975 provides a crucial safeguard for those who may have been left without “reasonable financial provision”. Unlike challenges to a Will’s validity—such as claims involving undue influence or lack of capacity—Inheritance Act claims do not dispute whether the Will is legally sound; instead, they focus on whether the outcome is unfair to certain individuals.
In this article, inheritance act claims solicitor, Lee Foster, explores who is eligible to bring a claim, the key factors the court considers when assessing whether adequate provision has been made, and the strict time limits involved.
If you’ve been left out of a Will in England or Wales, you may still be able to claim financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. Eligible claimants include spouses, partners, children, stepchildren, and anyone financially dependent on the deceased. The court looks at your financial needs, the size of the estate, and the deceased’s responsibilities toward you when deciding whether the Will is unfair. You must act quickly, as most claims must be made within six months of the Grant of Probate being issued. Many cases settle through negotiation or mediation, but specialist legal advice is essential to understand your rights and your chances of success.
Who is Eligible to Make a Claim?
Not everyone can bring an Inheritance Act claim. The Inheritance (Provision for Family and Dependants) Act 1975 sets out specific categories of people who may be entitled to ask the court for “reasonable financial provision” if they believe the Will, or the intestacy rules, fail to provide it.
These categories include:
- Spouses or civil partners – Those who were legally married to or in a civil partnership with the deceased at the time of death.
- Former spouses or civil partners – Provided they have not remarried or entered into a new civil partnership.
- Children – This includes both minor and adult children of the deceased.
- Anyone treated as a child of the family – Such as stepchildren or others who were brought up as part of the family but not biologically related.
- Cohabiting partners – Individuals who lived with the deceased as a couple for at least two years immediately before death.
- Financial dependants – Anyone who was being financially supported or maintained by the deceased at the time of death, even if they do not fall into the categories above.
In every case, the court will expect to see a clear reason why the deceased should have made financial provision for the claimant—such as a dependency, a relationship of responsibility, or a reasonable expectation of continued support.
What is "Reasonable Financial Provision"?
When someone brings a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the court must decide whether the Will (or intestacy rules) has failed to make reasonable financial provision for them. Importantly, the law applies two different standards, depending on the claimant’s relationship to the deceased.
Two Different Standards
- For spouses or civil partners:
The court can award whatever is considered reasonable for a spouse to receive — even if the claimant does not strictly need the money for their maintenance. This is often compared to what they might have received in a divorce settlement, taking into account fairness and the long‑term financial position they would reasonably have expected during the marriage. - For all other eligible claimants:
The standard is narrower. The court considers what is reasonable for their maintenance, meaning support for day‑to‑day living, housing, and other essential needs, rather than a share of the estate based on fairness alone.
The Court’s Checklist
When deciding whether reasonable financial provision has been made, the court works through a detailed checklist, including:
- The financial resources and needs of the claimant – both now and in the foreseeable future.
- The financial resources and needs of the existing beneficiaries – assessing the impact of any award on what they are due to receive.
- Any obligations or responsibilities the deceased had towards the claimant – such as ongoing support or a moral duty.
- The size and nature of the estate – including how much is available and whether assets are liquid (e.g., cash) or tied up (e.g., property).
- Any physical or mental disability of the claimant or any beneficiary – which may increase their financial needs.
Together, these factors help the court decide whether the Will’s outcome is fair and, if not, what level of financial provision should be made.
The Critical Six-Month Deadline
It’s important to act quickly. An Inheritance Act claim must be issued at court within six months of the date the Grant of Probate (or Letters of Administration) is issued. Although the court does have discretion to allow late claims in exceptional circumstances, this is extremely rare and carries significant risk, especially if the estate has already been distributed. For that reason, anyone who may have a potential claim should seek legal advice as soon as they become aware of the Will’s contents or realise they may not have been reasonably provided for.
The Process: How the Claim Proceeds
Bringing an Inheritance Act claim typically follows a structured process. It begins with a detailed review of the estate, the claimant’s financial circumstances, and any known reasons why the deceased chose to distribute their assets in a particular way. Once there is enough information to support a potential claim, the next step is to formally notify the Executors and beneficiaries of the intention to pursue it, giving them the opportunity to respond. In practice, the vast majority of these cases are resolved through negotiation or mediation, as all parties usually want to avoid the significant cost, delay, and stress of a full court trial. However, if no agreement can be reached, the case will proceed to court, where a judge will make a final decision on whether reasonable financial provision has been made and, if not, how the estate should be redistributed.
Costs and Funding
The cost of bringing an Inheritance Act claim can vary, and the court has wide discretion when deciding who should pay. While there is no automatic rule, it is common in successful claims for the claimant’s reasonable legal costs to be paid by the estate. However, this is not guaranteed, and in some cases—especially where a claim is unsuccessful—each party may have to cover their own costs or even contribute to the other side’s. For this reason, it’s important to seek early legal advice on funding options and the potential cost risks involved.
Specialist Advice from Banner Jones
Being left out of a Will doesn’t have to be the final word. Inheritance Act claims can be legally complex, emotionally challenging, and highly dependent on the specific facts of your situation, which is why specialist advice is essential. If you feel you have been unfairly excluded from a Will, or you believe you haven’t been left enough to meet your needs, contact our dedicated Inheritance Act team at Banner Jones for a confidential consultation. We’re here to guide you through your options and help you take the next steps with confidence.
